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INZINNA v. BRINKER RESTAURANT CORPORATION

302 A.D.2d 967 (2003)

754 N.Y.S.2d 495

JOANNE INZINNA et al., Appellants, v. BRINKER RESTAURANT CORPORATION, Doing Business as CHILI'S RESTAURANT, Respondent. (Appeal No. 2.)

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

Decided February 7, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by granting in part plaintiffs' motion to set aside the verdict and vacating the verdict with respect to damages for past pain and suffering, future pain and suffering, future medical expenses and loss of services and consortium and as modified the judgment is affirmed without costs, and a new trial is granted with respect to those elements of damages only.

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