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YAMAMOTO v. CARLED CAB CORP.

1327, 114653/04.

66 A.D.3d 603 (2009)

888 N.Y.S.2d 29

2009 NY Slip Op 7757

YUKO YAMAMOTO, Respondent-Appellant, v. CARLED CAB CORP. et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 29, 2009.

A verdict for the plaintiff should only be set aside, based on the weight of the evidence, where "the evidence so preponderates in favor of the defendant that it could not have been reached on any fair interpretation of the evidence" (O'Boyle v Avis Rent-A-Car Sys., 78 A.D.2d 431, 439 [1981]). Here, plaintiff showed through objective measures that she suffered 20%-to-40% loss of movement in the cervical spine, which was sufficient...

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