Opinion
December 14, 1942.
In this action to recover damages for personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant when a metal pot or pots fell from a counter in defendant's store and struck plaintiff on the ankles, the jury rendered a verdict in favor of the plaintiff. It was claimed by plaintiff that the injury and shock thus received on October 6, 1937, aggravated an existing poor condition of her heart and as a result of such aggravation an embolus was discharged from her heart on July 1, 1938, which lodged in her left leg, causing it to become gangrenous and necessitating its amputation. The verdict, based upon the existence of a causal relationship between the accident and the embolism, is, in our opinion, against the weight of evidence. Judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event. Lazansky, P.J., Hagarty, Carswell, Adel and Close, JJ., concur.