HENKER v. PREYBYLOWSKI


216 N.J. Super. 513 (1987)

524 A.2d 455

KENNETH HENKER AND KATHRYN HENKER, PLAINTIFFS-RESPONDENTS, v. JOHN PREYBYLOWSKI, III, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 1987.


Attorney(s) appearing for the Case

Chasan, Leyner, Tarrant & D'Italia, attorneys for appellant (Marie E. Robinson on the brief).

Giordano, Halleran & Ciesla, attorneys for respondents (Norman M. Hobbie of counsel; Michael J. Canning on the brief).

Before Judges ANTELL, BRODY and D'ANNUNZIO.


The opinion of the court was delivered by BRODY, J.A.D.

This appeal requires us to consider the circumstances in which it is proper to use remittitur to avoid a new trial after a jury has returned an excessive verdict in a personal injury action. The case differs from reported cases in that liability was not at issue.

Plaintiff Kenneth Henker was operating an automobile when it collided with a vehicle operated by defendant. Kenneth's wife, plaintiff Kathryn...

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