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JOAN NEWMAN, PLAINTIFF-RESPONDENT, v. HERMA AIKEN, DEFENDANT-APPELLANT.

According appropriate deference to the trial court's decision to set aside the jury's verdict (see, Nicastro v. Park, 113 A.D.2d 129, 136-137), a fair interpretation of the evidence does not support the jury's verdict on past and future pain and suffering, caused by two herniated discs with nerve root impingement that, as implied by the jury's award for future medical expenses, will cause pain and suffering in the future (cf., Skow v. Jones, Lang Wooton Corp., 240 A.D.2d 194,lv denied 94 N.Y.2d 758).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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NEWMAN v. AIKEN
(Dec 19, 2000)