Schneider v. Good Humor Corp.

Appellate Division of the Supreme Court of New York

Schneider v. Good Humor Corp.

18 A.D.2d 996, 238 N.Y.S.2d 863, 1963 N.Y. App. Div. LEXIS 4077

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

DecidedMarch 26, 1963

StatusPublished

This text of 18 A.D.2d 996 (Schneider v. Good Humor Corp.) 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

Schneider v. Good Humor Corp., 18 A.D.2d 996, 238 N.Y.S.2d 863, 1963 N.Y. App. Div. LEXIS 4077 (N.Y. Ct. App. 1963).

Pincite

Opinion

Judgment in favor of plaintiff Sidney T.< Schneider unanimously reversed upon the facts and complaint dismissed, and judgment in favor of Paul Schneider, an infant, by his guardian ad litem, reversed on the facts and a new trial ordered unless plaintiff stipulates within 10 (days after service of a copy of the order to be entered herein, with notice of entry, to reduce the verdict to $40,000, in which event judgment affirmed, without costs. We find that plaintiff established a cause of action for negligence against defendant and that there was no substantial error in the record. The infant had previously received $47,500 and his father $10,000 for medical expenses and loss of services in settlement of another suit against another defendant involving the same accident. The father’s actual medical expenses were less than $2,500. No actual loss of services was established. The amount already received was ample compensation for the damages suffered. The infant plaintiff was seriously and, in all probability, permanently injured. However, a total compensation of $87,500 compares very favorably with other awards for like disabilities. Settle order on notice. Concur — Botein, P. J., Yalente, McNally, Stevens and^ Steuer, JJ.

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Judgment in favor of plaintiff Sidney T.< Schneider unanimously reversed upon the facts and complaint dismissed, and judgment in favor of Paul Schneider, an infant, by his guardian ad litem, reversed on the facts and a new trial ordered unless plaintiff stipulates within 10 (days after service of a copy of the order to be entered herein, with notice of entry, to reduce the verdict to $40,000, in which event judgment affirmed, without costs. We find that plaintiff established a cause of action for negligence against defendant and that there was no substantial error in the record. The infant had previously received $47,500 and his father $10,000 for medical expenses and loss of services in settlement of another suit against another defendant involving the same accident. The father’s actual medical expenses were less than $2,500. No actual loss of services was established. The amount already received was ample compensation for the damages suffered. The infant plaintiff was seriously and, in all probability, permanently injured. However, a total compensation of $87,500 compares very favorably with other awards for like disabilities. Settle order on notice. Concur — Botein, P. J., Yalente, McNally, Stevens and^ Steuer, JJ.

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Bluebook (online)

18 A.D.2d 996, 238 N.Y.S.2d 863, 1963 N.Y. App. Div. LEXIS 4077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-v-good-humor-corp-nyappdiv-1963.