Baksys v. Berton

In a negligence action to recover damages for personal injuries, etc., the plaintiff Clifford Baksys, Jr., appeals from a judgment of the Supreme Court, Nassau County (Ain, J.), entered May 22, 1989, which, upon a jury verdict, is in his favor and against the defendants in the principal sum of only $38,000, representing past and present pain and suffering.

Ordered that the judgment is reversed, on the facts and as a matter of discretion, with one bill of costs payable by the defendants appearing separately and filing separate briefs, and a new trial is granted to the appellant limited to the…