Garlick v. Vitale

Appellate Division of the Supreme Court of New York

Garlick v. Vitale

25 A.D.2d 917, 270 N.Y.S.2d 64, 1966 N.Y. App. Div. LEXIS 4157

Appellate Division of the Supreme Court of the State of New York·Decided May 20, 1966·Published

Opinion

Reynolds, J.

As to the sufficiency of the award to the plaintiff wife, there were present only questions of fact or credibility as to whether her low back injury was causally connected to the accident whieh the jury could clearly resolve as it did, Furthermore, there is no necessary inconsistency in the jury’s verdict of “no compensation in order” for the plaintiff husband. The jury could properly find that plaintiff did not sustain the burden of proving that any aetual damages or expenses were attributable to the aeeident. (See Leonard v. Voltz, 190 App. Div. 748, affd. 232 N. Y. 575.) Judgment affirmed, with costs.

Gibson, P. J., Herlihy, Taylor and Aulisi, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Reynolds, J.

As to the sufficiency of the award to the plaintiff wife, there were present only questions of fact or credibility as to whether her low back injury was causally connected to the accident whieh the jury could clearly resolve as it did, Furthermore, there is no necessary inconsistency in the jury’s verdict of “no compensation in order” for the plaintiff husband. The jury could properly find that plaintiff did not sustain the burden of proving that any aetual damages or expenses were attributable to the aeeident. (See Leonard v. Voltz, 190 App. Div. 748, affd. 232 N. Y. 575.) Judgment affirmed, with costs.

Gibson, P. J., Herlihy, Taylor and Aulisi, JJ., concur.

Garlick v. Vitale, 25 A.D.2d 917, 270 N.Y.S.2d 64, 1966 N.Y. App. Div. LEXIS 4157 (N.Y. Ct. App. 1966).

Pincite

25 A.D.2d 917 (Garlick v. Vitale) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related