Opinion
February 18, 1971
Appeal from the Monroe Trial Term.
Present — Marsh, J.P., Gabrielli, Moule and Henry, JJ.
Judgment and order unanimously reversed on the facts and a new trial granted, limited to the issue of damages, unless plaintiff shall, within 20 days after service of the order to be entered hereon, stipulate to reduce the verdict to the sum of $3,000 as of the date of rendition thereof, in which event the judgment is modified accordingly, and, as so modified is, together with the order, affirmed, without costs of this appeal to either party. Memorandum: The record clearly substantiates the correctness of the ruling of the Trial Justice in directing a verdict in favor of the respondent in this action for false arrest. However, the circumstances of this case do not justify the verdict in the sum of $10,000. The arrest occurred shortly after midnight on July 4, 1964. Respondent remained in the hospital under police guard until July 6 when he was taken to the police station and was subsequently released after being in a cell for a short time. The charges were thereafter dismissed. In the light of these circumstances and in the absence of any special damages the verdict was grossly excessive as compensatory damages. Accordingly, a new trial as to the issue of damages must be directed unless respondent will agree to accept the sum of $3,000.