BARTOLONE v. JECKOVICH N.Y. Sup. Ct., 103 A.D.2d 632, 481 N.Y.S.2d 545 (1984). CASE BRIEF

BARTOLONE V. JECKOVICH

N.Y. Sup. Ct., 103 A.D.2d 632, 481 N.Y.S.2d 545 (1984)

NATURE OF THE CASE: Bartolone (P) appealed from an order which granted a motion by Jeckovich (D) to set aside a verdict as to damages and ordered a new trial unless the injured party stipulated to reduce the jury verdict.

FACTS: Bartolone (P) was injured in a four car chain reaction accident caused by the negligence of Jeckovich (D). P's physical injuries were relatively minor consisting of whiplash and cervical and lower back strain for which he was treated but not hospitalized. P was a 48-year-old man who lived alone in one room and worked out of a union hall as a carpenter. He was very proud of his physique and his strength, spending on the average of four hours daily at the local YMCA engaged in body building. On weekends, in order to conserve his strength, he pursued nonphysical interests such as painting and sculpture, singing and playing the guitar and trombone. Since the accident, P has been in a degenerative psychotic condition in which he is withdrawn, hostile, delusional, hears voices and sees shadows, refuses to cut his hair, shave or bathe and no longer participates in any of his former interests. P sued for negligence. The accident aggravated a preexisting paranoid schizophrenic condition which resulted in P's total and permanent disability. Expert testimony stated that P used bodybuilding as a coping mechanism. The accident disturbed his routine and he simply fell apart. It was the consensus of P's medical experts that he had suffered from a preexisting schizophrenic illness which had been exacerbated by the accident and that he was now in a chronic paranoid schizophrenic state which is irreversible. The jury awarded P $500,000. The jury returned a verdict of $500,000 in P's favor. The court granted Ds' motion to set aside the verdict and ordered a new trial unless P would stipulate to a reduced verdict of $30,000. P appealed.

ISSUE:

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LEGAL ANALYSIS:

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