Melnick v. Chase

Appeal from an order of the Supreme Court, Chautauqua County (Paul B. Wojtaszek, J.), entered January 22, 2016. The order denied plaintiff’s motion to set aside the jury verdict and for a new trial on the issue of damages.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and setting aside the verdict with respect to damages for past pain and suffering, and a new trial is granted on that element of damages only, and as modified the order is the affirmed without costs.

Memorandum: In this action to recover damages for injuries…