Legal Opinion
McCarthy v. Volkswagen of America, Inc.
New York Court of Appeals
Decided May 11, 1982PublishedCited by 162 opinions
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
The issue posed upon this appeal is whether an injured plaintiff may successfully assert the toll of the Statute of Limitations for the disability of insanity, created by CPLR 208, upon the claim that he had suffered from a post traumatic neurosis.
Plaintiff was seriously injured on July 26,1974 when the 1965 Volkswagen he was operating struck a utility pole and burst into flames. As a result of the accident plaintiff suffered massive injuries, including severe fractures and extensive burns. Plaintiff later commenced this personal *546injury action against…
2Cases cited4 opinions
- Thornton v. Roosevelt HospitalNew York Court of Appeals · 1979
- Hammer v. RosenNew York Court of Appeals · 1960
- Claim of Hurd v. County of AlleganyAppellate Division of the Supreme Court of the State of New York · 1972
- Prude v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1975
3Cited by162 opinions
- Keitt v. New York CityDistrict Court, S.D. New York · 2011
- Zumpano v. QuinnNew York Court of Appeals · 2006
- Chase Scientific Research, Inc. v. Nia Group, Inc.New York Court of Appeals · 2001
- Carol Overall v. Estate of L.H.P. KlotzCourt of Appeals for the Second Circuit · 1995
- Hendel v. World Plan Executive CouncilDistrict of Columbia Court of Appeals · 1997
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