JAKED v. TORNCELLO


201 A.D.2d 819 (1994)

609 N.Y.S.2d 682

Margaret A. Jaked et al., Appellants-Respondents, v. Maria Torncello, Respondent-Appellant

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

February 10, 1994


Given the proof presented at trial, we find no reason to disturb the finding that plaintiff Margaret A. Jaked sustained a permanent consequential limitation of use of her neck and/or right shoulder as a result of a car accident involving defendant. As to the issue of damages, we rule that, in light of the conflicting testimony and disputed issues of fact relating to the extent and permanency of Jaked's injuries, the jury's award of $5,000 in present damages and $5,000 in...

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