NEAL v. RAINBOW HOUSE FRUITS


87 A.D.2d 511 (1982)

Daisy Neal, Appellant, et al., Plaintiff, v. Rainbow House Fruits, Respondent

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

March 4, 1982


Unanimously reversed, without costs, on the law, the facts and the exercise of discretion, and the verdict reinstated.

Plaintiff-appellant slipped on the sidewalk in front of defendant's store and suffered a broken ankle. Apparently due to the testimony of plaintiff and her expert witness regarding the extent and seriousness of her injury, the jury awarded $125,000 in damages. However, defendant's motion to set aside the verdict was granted by the Trial Judge on the...

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