SWATLAND, CANDACE v. KYLE, JOHN R.

Appeal from a judgment of the Supreme Court, Erie County (James P. Punch, A.J.), entered June 3, 2014. The judgment awarded plaintiff money damages in the amount of $30,000 for past pain and suffering and in the amount of $15,000 for future pain and suffering.

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