LEMALDI v. DE TOMASO OF AMERICA, INC.


156 N.J. Super. 441 (1978)

383 A.2d 1220

JOSEPH A. LEMALDI, II, PLAINTIFF, v. DE TOMASO OF AMERICA, INC., LINCOLN-MERCURY DIVISION OF FORD MOTOR COMPANY, DE TOMASO AUTOMOBILE S.p.A. AND CLARIDGE LINCOLN-MERCURY, INC., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 30, 1978.


Attorney(s) appearing for the Case

Mr. Gary A. Werner for plaintiff.

Mr. Richard L. Plotkin and Mr. Daniel Ellis for defendants (Messrs. Pitney, Hardin & Kipp, attorneys).


LANDAU, J.S.C.

Following the jury verdict in this matter, defendants (hereinafter referred to as "Ford") moved in the alternative for judgment n.o.v., new trial or remittitur, limited to that part of the verdict which awards $8,000 to plaintiff for "mental anguish."

At the close of plaintiff's case I denied defendant's motion for dismissal of the claim. On the question of liability the jury had to determine whether such "mental anguish" was proximately...

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