Handelman v. Victor Equipment Co.

Opinion

LILLIE, J.

Plaintiff appeals from an order granting defendant a new trial upon the ground that the sum awarded as general damages by the jury ($70,000) was insufficiently supported by the evidence and, therefore, excessive; the court further ordered that the new trial be limited to the issue of damages.

By occupation a professional deep water helium diver, plaintiff sustained an attack of oxygen poisoning resulting from an incorrect mixture of diving gas (the amount of oxygen being disproportionate to that of helium) supplied by defendant company. While various items of plaintiff’s…