Legal Opinion

Diemer v. Goad

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

Decided October 30, 1980PublishedCited by 2 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court, entered March 27, 1979 in Schenectady County, upon a verdict rendered at a Trial Term, in favor of plaintiff. On June 26, 1972, plaintiff, Helen Diemer, a passenger in a pickup truck, sustained physical injuries when the vehicle left the traveled portion of the highway and struck a building. The driver was deceased when removed from the vehicle. Later on the day of the accident an autopsy was performed and it found that the driver died from a heart attack. The record establishes that the accident either was caused by the driver’s negligence or by a…

2Cases cited5 opinions

  1. Laidlaw v. . SageNew York Court of Appeals · 1899
  2. Martin v. City of AlbanyNew York Court of Appeals · 1977
  3. Pfaffenbach v. White Plains Express Corp.New York Court of Appeals · 1966
  4. Dillon v. Socony Mobil Oil Co.Appellate Division of the Supreme Court of the State of New York · 1959
  5. Le Glaire v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1959

3Cited by2 opinions

  1. Randazzo v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 2000
  2. Padula v. Big V Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1991

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