Bitting v. Willett

Pee Cueiam.

Defendant appeals from a judgment of the Appellate Division remanding plaintiff’s, Mrs. Bitting’s, automobile accident claim for a new trial as to damages only. The jury had returned a per quod verdict for plaintiff, Robert Bitting, in the sum of $5,000 and for plaintiff, Margaret Bitting, his wife, in the sum of $10,000. Upon plaintiffs’ motion for a new trial as to damages only, the trial court decided that unless defendant agreed to an additur of $2,500 to the verdict of $10,000 for Mrs. Bitting, a new trial would be granted. Defendant consented to the increase but plaintiffs…