McGinn v. Slattery Rock Corp. , 11 Misc. 2d 482 ( 1958 )


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  • Per Curiam.

    Although the record indicates that the fracture suffered by the infant plaintiff was not very painful and that it healed without complications the award in the sum of $250 is deemed inadequate. The injury required a closed reduction operation under anaesthesia followed by a plaster cast on the arm extending from the knuckles to the elbow which the infant wore for two and a half weeks. The plaster cast was replaced by a fabric type cast cover for six weeks.

    The judgment should be reversed and a new trial ordered, with $30 costs, unless plaintiff and defendant, within 10 days after service of a copy of the order entered hereon, stipulate to modify the judgment so as to increase the infant’s recovery to $750, in which event judgment as modified affirmed, without costs.

    Hecht, J. P., Aurelio and Tilzer, JJ., concur.

    Judgment reversed, etc.

Document Info

Citation Numbers: 11 Misc. 2d 482

Filed Date: 1/23/1958

Precedential Status: Precedential

Modified Date: 2/5/2022