Wilber v. Jimerson

Appellate Division of the Supreme Court of New York

Wilber v. Jimerson

40 A.D.2d 579, 334 N.Y.S.2d 408, 1972 N.Y. App. Div. LEXIS 4078

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 6, 1972

StatusPublished

This text of 40 A.D.2d 579 (Wilber v. Jimerson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilber v. Jimerson, 40 A.D.2d 579, 334 N.Y.S.2d 408, 1972 N.Y. App. Div. LEXIS 4078 (N.Y. Ct. App. 1972).

Pincite

Opinion

Judgment, insofar as it awards plaintiff Vera Wilber the sum of $15,000, unanimously affirmed, with costs. Judgment, insofar as it awards plaintiff Clayton Wilber the sum of $7,500, unanimously reversed on the facts and a new trial granted solely on the issue of damages unless the plaintiff stipulates to reduce the verdict to $4,000 within 20 days from the date of the order to be entered hereon, in which event the judgment is modified accordingly, and as so modified, affirmed. Memorandum: In our view the verdict in favor of plaintiff Vera Wilber finds ample support in the record. However, the verdict in her husband’s derivative action is excessive on the proof presented. Since liability was conceded on the first trial, only the issue of damages need be tried again. (Appeal from judgment of Cattaraugus Trial Term in automobile negligence action.) Present—Del Vecchio, J. P., Marsh, Witmer, Moule and Cardamone, JJ.

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Judgment, insofar as it awards plaintiff Vera Wilber the sum of $15,000, unanimously affirmed, with costs. Judgment, insofar as it awards plaintiff Clayton Wilber the sum of $7,500, unanimously reversed on the facts and a new trial granted solely on the issue of damages unless the plaintiff stipulates to reduce the verdict to $4,000 within 20 days from the date of the order to be entered hereon, in which event the judgment is modified accordingly, and as so modified, affirmed. Memorandum: In our view the verdict in favor of plaintiff Vera Wilber finds ample support in the record. However, the verdict in her husband’s derivative action is excessive on the proof presented. Since liability was conceded on the first trial, only the issue of damages need be tried again. (Appeal from judgment of Cattaraugus Trial Term in automobile negligence action.) Present—Del Vecchio, J. P., Marsh, Witmer, Moule and Cardamone, JJ.

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Bluebook (online)

40 A.D.2d 579, 334 N.Y.S.2d 408, 1972 N.Y. App. Div. LEXIS 4078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilber-v-jimerson-nyappdiv-1972.