Ordered that the judgment is reversed, on the law, with costs, and a new trial is granted on the issue of damages only. The findings of fact as to liability are affirmed.
We agree with the defendants that "[o]n this record [they were] entitled to have the jury consider, in mitigation of damages, whether there was any negligence on the part of the plaintiff * * * subsequent to the alleged malpractice" (Dunn v Catholic Med. Ctr.,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.