McLaughlin v. Mine Safety Appliances Co.

Appellate Division of the Supreme Court of New York

McLaughlin v. Mine Safety Appliances Co.

13 A.D.2d 1036, 217 N.Y.S.2d 395, 1961 N.Y. App. Div. LEXIS 10023

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

DecidedJune 26, 1961

StatusPublished

This text of 13 A.D.2d 1036 (McLaughlin v. Mine Safety Appliances Co.) 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

McLaughlin v. Mine Safety Appliances Co., 13 A.D.2d 1036, 217 N.Y.S.2d 395, 1961 N.Y. App. Div. LEXIS 10023 (N.Y. Ct. App. 1961).

Pincite

Opinion

In a negligence action by an infant to recover damages for personal injuries sustained by her when she was burned by an appliance designed and manufactured for the purpose of restoring normal body heat to persons in a state of shock or other similar condition, and by her father to recover damages for medical expenses and loss of services, the defendant appeals from a judgment of the Supreme Court, Nassau County, entered November 30, 19-60, after trial, upon a jury’s verdict in favor of the infant plaintiff for $17,500 and in favor of the plaintiff father for $2,500. Judgment reversed on the facts and a new trial granted, with costs to abide the event, unless, within 20 days after entry of the order hereon, plaintiffs shall stipulate to reduce to $10,000 the verdict in favor of the infant plaintiff, and to reduce to $1,000 the verdict in favor of the plaintiff father, in which event the judgment, as so reduced, is affirmed, without costs. In our opinion, the jury’s verdict for both plaintiffs is grossly excessive. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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

In a negligence action by an infant to recover damages for personal injuries sustained by her when she was burned by an appliance designed and manufactured for the purpose of restoring normal body heat to persons in a state of shock or other similar condition, and by her father to recover damages for medical expenses and loss of services, the defendant appeals from a judgment of the Supreme Court, Nassau County, entered November 30, 19-60, after trial, upon a jury’s verdict in favor of the infant plaintiff for $17,500 and in favor of the plaintiff father for $2,500. Judgment reversed on the facts and a new trial granted, with costs to abide the event, unless, within 20 days after entry of the order hereon, plaintiffs shall stipulate to reduce to $10,000 the verdict in favor of the infant plaintiff, and to reduce to $1,000 the verdict in favor of the plaintiff father, in which event the judgment, as so reduced, is affirmed, without costs. In our opinion, the jury’s verdict for both plaintiffs is grossly excessive. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

13 A.D.2d 1036, 217 N.Y.S.2d 395, 1961 N.Y. App. Div. LEXIS 10023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclaughlin-v-mine-safety-appliances-co-nyappdiv-1961.