McLaughlin v. Mobil Oil Corp.

In a negligence action to recover damages for personal injuries, defendants third-party plaintiffs appeal from a judgment of the Supreme Court, Orange County, dated September 19, 1979, which, after a jury trial, (1) awarded plaintiff damages against them in the principal sum of $105,000, and (2) determined that defendants were entitled to recover only 50% thereof from the third-party defendant. Judgment affirmed, with one bill of. costs payable jointly to respondents. No opinion. Mollen, P. J., Titone and Mangano, JJ., concur.

dissent and vote to reverse the judgment and grant a new trial, limited to the issue of damages only, unless plaintiff stipulates in writing to reduce the verdict in her favor to $65,000, with the following memorandum: In our opinion, the verdict as to damages was excessive to the extent indicated.