Legal Opinion
Manuel Reis v. Volvo Cars of North America
New York Court of Appeals
Decided July 11, 2014No. 138PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The standard jury charge in malpractice actions tells the jury that a defendant who has or claims to have “special skills” in a trade or profession is required to use the same degree of skill and care that others in the same trade or profession would reasonably use in the same situation (NY Pattern Jury Instructions [PJI] 2:15). Here, the trial court erred by giving this charge in a case alleging not malpractice, but defective design of a product. We hold that in the situation presented here the error requires reversal and a new trial.
I
On May 24, 2002, plaintiffs…
2Cases cited9 opinions
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
- Denny v. Ford Motor Co.New York Court of Appeals · 1995
- Toth v. Community HospitalNew York Court of Appeals · 1968
- Bethel v. New York City Transit AuthorityNew York Court of Appeals · 1998
- Adams v. Genie Industries, Inc.New York Court of Appeals · 2010
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Abrams v. ButeAppellate Division of the Supreme Court of the State of New York · 2016
- Shepard v. PowerAppellate Division of the Supreme Court of the State of New York · 2023
- Nassa v. 1512 LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Cabrera v. Port Auth. of N.Y. & N.J.Appellate Division of the Supreme Court of the State of New York · 2020
- Borrerro v. Haks Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2018
6 more not listed; retrieve them via the Exa API.