Loumeau v. Finneran

Appellate Division of the Supreme Court of New York

Loumeau v. Finneran

46 A.D.2d 894, 363 N.Y.S.2d 802, 1974 N.Y. App. Div. LEXIS 3426

Appellate Division of the Supreme Court of the State of New York·Decided December 9, 1974·Published

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered November 30, 1972, in favor of defendant, upon a jury verdict at a trial- on the issue of liability. Judgment affirmed, with costs. No opinion. Latham, Acting P. J., Christ, Benjamin and Munder, JJ., concur; Shapiro, J., dissents and votes to reverse and grant a new trial, with the following memorandum: I dissent on •the ground that the trial court committed error in refusing to charge, as requested, on the effect of defendant’s falling asleep while driving and its bearing on the issues of negligence and contributory negligence.

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

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered November 30, 1972, in favor of defendant, upon a jury verdict at a trial- on the issue of liability. Judgment affirmed, with costs. No opinion. Latham, Acting P. J., Christ, Benjamin and Munder, JJ., concur; Shapiro, J., dissents and votes to reverse and grant a new trial, with the following memorandum: I dissent on •the ground that the trial court committed error in refusing to charge, as requested, on the effect of defendant’s falling asleep while driving and its bearing on the issues of negligence and contributory negligence.

Loumeau v. Finneran, 46 A.D.2d 894, 363 N.Y.S.2d 802, 1974 N.Y. App. Div. LEXIS 3426 (N.Y. Ct. App. 1974).

Pincite

46 A.D.2d 894 (Loumeau v. Finneran) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.