Stein v. Trans World Airlines, Inc.

Appellate Division of the Supreme Court of New York

Stein v. Trans World Airlines, Inc.

25 A.D.2d 732, 268 N.Y.S.2d 752, 1966 N.Y. App. Div. LEXIS 4474

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

DecidedApril 19, 1966

StatusPublished

Cited by8 cases

This text of 25 A.D.2d 732 (Stein v. Trans World Airlines, Inc.) 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

Stein v. Trans World Airlines, Inc., 25 A.D.2d 732, 268 N.Y.S.2d 752, 1966 N.Y. App. Div. LEXIS 4474 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment unanimously reversed on the facts and the law and a new trial ordered, with $50 costs and disbursements to abide the event. Plaintiff wife sues for damages for personal injuries resulting from a fall in defendant’s terminal building at Idlewild Airport. Her husband’s action is for medical expense and loss of services. We find there was prejudicial error in the exclusion of testimony. Defendant offered to prove that many thousands of people had traversed the area which plaintiff claimed to be dangerous without any accident. Such evidence is relevant and often persuasive on the question of whether a given condition should be classified as dangerous (Stratton v. City of New York, 190 N. Y. 294; Murray v. City of New York, 276 App. Div. 765; Charanis v. Macy & Co., 257 App. Div. 980). Furthermore, the finding of the jury was against the weight of the evidence. Plaintiff’s testimony as to the condition of the flooring was extremely vague on the vital point, namely, the depth of the alleged crack, and is discredited by her ignorance of the conditions, including the material of which the floor was composed. Defendant’s testimony as to the conditions was supported by the photographs in evidence. Lastly, the verdict was grossly excessive. The injury was a linear fraeture of the second metatarsal with no displacement. A east was applied for 17 days. Medieal expense was $101. There were no significant residuals. The awards [733]*733of $14,000 and $3,000 cannot be sustained.

Concur — Breitel, J. P., Rabin, McNally, Stevens and Steuer, JJ.

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Judgment unanimously reversed on the facts and the law and a new trial ordered, with $50 costs and disbursements to abide the event. Plaintiff wife sues for damages for personal injuries resulting from a fall in defendant’s terminal building at Idlewild Airport. Her husband’s action is for medical expense and loss of services. We find there was prejudicial error in the exclusion of testimony. Defendant offered to prove that many thousands of people had traversed the area which plaintiff claimed to be dangerous without any accident. Such evidence is relevant and often persuasive on the question of whether a given condition should be classified as dangerous (Stratton v. City of New York, 190 N. Y. 294; Murray v. City of New York, 276 App. Div. 765; Charanis v. Macy & Co., 257 App. Div. 980). Furthermore, the finding of the jury was against the weight of the evidence. Plaintiff’s testimony as to the condition of the flooring was extremely vague on the vital point, namely, the depth of the alleged crack, and is discredited by her ignorance of the conditions, including the material of which the floor was composed. Defendant’s testimony as to the conditions was supported by the photographs in evidence. Lastly, the verdict was grossly excessive. The injury was a linear fraeture of the second metatarsal with no displacement. A east was applied for 17 days. Medieal expense was $101. There were no significant residuals. The awards [733]*733of $14,000 and $3,000 cannot be sustained.

Concur — Breitel, J. P., Rabin, McNally, Stevens and Steuer, JJ.

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Bluebook (online)

25 A.D.2d 732, 268 N.Y.S.2d 752, 1966 N.Y. App. Div. LEXIS 4474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stein-v-trans-world-airlines-inc-nyappdiv-1966.

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