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CHRISTOPHER v. GREAT ATL. & PAC. TEA CO., INC.

161 A.D.2d 274 (1990)

Gail Christopher, Respondent, v. Great Atlantic & Pacific Tea Company, Inc., Appellant

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

May 8, 1990

The original jury award does not shock the conscience of the court (CPLR 5501; Felice v Delporte, 136 A.D.2d 913, 914). Defendant does not dispute the jury verdict on liability, and plaintiff's evidence of damages showed that she suffered from a broken wrist and a broken ankle that has caused permanent conditions of pain and impairment of activities that plaintiff enjoyed well into her 80's.

The first trial ended in a mistrial...

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