Ragins v. Arentson

Appellate Division of the Supreme Court of New York

Ragins v. Arentson

43 A.D.2d 965, 352 N.Y.S.2d 155, 1974 N.Y. App. Div. LEXIS 5805

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

DecidedFebruary 11, 1974

StatusPublished

This text of 43 A.D.2d 965 (Ragins v. Arentson) 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

Ragins v. Arentson, 43 A.D.2d 965, 352 N.Y.S.2d 155, 1974 N.Y. App. Div. LEXIS 5805 (N.Y. Ct. App. 1974).

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Opinion

In an - action to" recover damages for wrongful death and conscious pain and suffering, defendant appeals from an order of the Supreme Court, Richmond County, dated December 18,1972, which granted plaintiff’s motion to set aside a jury verdict in favor of "defendant and ordered a new trial. Order reversed, without costs, plaintiff’s motion denied and verdict reinstated. Plaintiff’s intestate (a three-year-old child) died after being struck by an automobile owned and operated by defendant. The only question presented on this appeal is whether the jury verdict was properly set aside by the trial court. The evidence was conflicting as to whether defendant saw the child prior to the impact. This issue was properly left for the jury (Triggs v. Advance Trucking Gorp., 23 A D 2d 777, 778; Flynn v. Superina, 22 A D 2d 943, affd. 16 N Y 2d 1033). Hopkins, Acting P. J., Shapiro, Christ, Brennan and Benjamin, JJ., concur.

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In an - action to" recover damages for wrongful death and conscious pain and suffering, defendant appeals from an order of the Supreme Court, Richmond County, dated December 18,1972, which granted plaintiff’s motion to set aside a jury verdict in favor of "defendant and ordered a new trial. Order reversed, without costs, plaintiff’s motion denied and verdict reinstated. Plaintiff’s intestate (a three-year-old child) died after being struck by an automobile owned and operated by defendant. The only question presented on this appeal is whether the jury verdict was properly set aside by the trial court. The evidence was conflicting as to whether defendant saw the child prior to the impact. This issue was properly left for the jury (Triggs v. Advance Trucking Gorp., 23 A D 2d 777, 778; Flynn v. Superina, 22 A D 2d 943, affd. 16 N Y 2d 1033). Hopkins, Acting P. J., Shapiro, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

43 A.D.2d 965, 352 N.Y.S.2d 155, 1974 N.Y. App. Div. LEXIS 5805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ragins-v-arentson-nyappdiv-1974.