Mercado v. City of New York

On basis of the record in this action for wrongful death, the trial court’s power and discretion was properly exercised to set aside the verdict of $75,000 as grossly excessive. But, under the circumstances here, a retrial of the issue of liability is neither necessary nor required in the interests of justice.

The liability issue and the damage issue in an action, grounded in negligence, to recover for personal injuries or wrongful death, represent distinct and severable issues which may be tried and determined separately. As a measure for relief from calendar congestion, as a means of…