BROWN v. SUTTER


60 A.D.2d 788 (1977)

Clayton A. Brown, Respondent, v. Allen L. Sutter et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 16, 1977


Order affirmed, with costs, to abide the event.

Moule and Denman, JJ., dissenting.

We would reverse the order. The jury apparently believed the testimony of the physician called by the defendants who related most of plaintiff's trouble to a Parkinson's syndrome. "The duty to fix damages in a personal injury action is a function of the jury and, unless the amount awarded is so grossly inadequate or excessive as to be unconscionable, it should not be disturbed...

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