Order reversed, as a matter of discretion, with costs, motion denied, and verdict reinstated.
On January 6, 1981, the plaintiff, Evan Berk, was a passenger in an automobile driven by the defendant Marc Schenck and owned by the defendant Bernard Schenck when the car went out of control and into a spin, eventually hitting a tree. The plaintiff was not wearing a seat belt at the time of the accident.
The medical evidence at trial established that in addition...
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