Bethel v. Klemm

Appellate Division of the Supreme Court of New York

Bethel v. Klemm

271 A.D.2d 885

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 16, 1946

StatusPublished

This text of 271 A.D.2d 885 (Bethel v. Klemm) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bethel v. Klemm, 271 A.D.2d 885 (N.Y. Ct. App. 1946).

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Opinion

In an action by plaintiff wife to recover damages for personal injuries suffered when she fell through a trap door in defendant’s store to the basement, and by her husband for expenses and loss of services, the jury rendered a verdict for $500 for the wife, and $294.50 — representing the doctor’s and hospital bills — for the husband. Plaintiffs appeal. Judgment and order reversed on the facts and a new trial granted, with costs to appellants to abide the event. Among other injuries, plaintiff wife’s fibula was fractured, the bones of her foot and' ankle were dislocated, and her foot was in a cast for approximately two months. She could not walk without the aid of crutches for several months, and has suffered a 20% to 25% loss of motion which, in the opinion of her doctor, is a permanent condition, although it may improve to a point where the restriction will be reduced to 15%. The verdict is palpably inadequate. Hagarty, Acting P. J., Carswell, Johnston, Adel and Nolan, JJ., concur.

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In an action by plaintiff wife to recover damages for personal injuries suffered when she fell through a trap door in defendant’s store to the basement, and by her husband for expenses and loss of services, the jury rendered a verdict for $500 for the wife, and $294.50 — representing the doctor’s and hospital bills — for the husband. Plaintiffs appeal. Judgment and order reversed on the facts and a new trial granted, with costs to appellants to abide the event. Among other injuries, plaintiff wife’s fibula was fractured, the bones of her foot and' ankle were dislocated, and her foot was in a cast for approximately two months. She could not walk without the aid of crutches for several months, and has suffered a 20% to 25% loss of motion which, in the opinion of her doctor, is a permanent condition, although it may improve to a point where the restriction will be reduced to 15%. The verdict is palpably inadequate. Hagarty, Acting P. J., Carswell, Johnston, Adel and Nolan, JJ., concur.

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Bluebook (online)

271 A.D.2d 885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bethel-v-klemm-nyappdiv-1946.