JAMES H. GORMAN, JR. ap, v. STACY LYNN MATHEW, res

JAMES H. GORMAN, JR. ap, v. STACY LYNN MATHEW, res — (INDEX NO. 856/13)In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Brands, J.), dated April 22, 2015, as denied those branches of their motion pursuant to CPLR 4404(a) which were to set aside so much of a jury verdict as awarded them damages in the principal sums of only $15,000 for past pain and suffering, $80,000 for future pain and suffering, $146,740 for past loss of earnings, and $0 for loss of services, and for a new trial on the issue of those damages.

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JAMES H. GORMAN, JR. ap, v. STACY LYNN MATHEW, res — (INDEX NO. 856/13)In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Brands, J.), dated April 22, 2015, as denied those branches of their motion pursuant to CPLR 4404(a) which were to set aside so much of a jury verdict as awarded them damages in the principal sums of only $15,000 for past pain and suffering, $80,000 for future pain and suffering, $146,740 for past loss of earnings, and $0 for loss of services, and for a new trial on the issue of those damages.

ORDERED that the order is modified, on the law, on the facts, and in the exercise of discretion, by deleting the provisions thereof denying those branches of the plaintiffs’ motion which were to set aside the jury verdict on the issue of damages for past pain and suffering and past loss of earnings, and for a new trial on the issue of those damages, and substituting therefor a provision granting those branches of the motion to the extent of setting aside, as inadequate, the jury verdict on the issue of those damages and directing a new trial on the issue of damages unless the defendant shall serve and file in the Office of the Clerk of the Supreme Court, Dutchess County, a written stipulation consenting to increase the award of damages for past pain and suffering from the principal sum of $15,000 to the principal sum of $75,000, and to increase the award of damages for past loss of earnings from the principal sum of $146,740 to the principal sum of $298,280; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements; and it is further,

JAMES H. GORMAN, JR. ap, v. STACY LYNN MATHEW, res

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