WORTHEN-CALDWELL v. SPECIAL TOUCH HOME CARE SERVICES, INC.

2009-05419.

78 A.D.3d 822 (2010)

911 N.Y.S.2d 122

JANICE WORTHEN-CALDWELL, Respondent, v. SPECIAL TOUCH HOME CARE SERVICES, INC., et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 9, 2010.


Ordered that the judgment is reversed, on the facts and in the exercise of discretion, and a new trial on the issue of damages for past and future pain and suffering is granted, with costs, unless within 30 days after service upon the plaintiff of a copy of this decision and order, the plaintiff serves and files in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to reduce the verdict as to damages for past pain and suffering from...

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