Legal Opinion · Dissent

Matthews v. Cupie Transportation Corp.

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

Decided February 24, 2003Published

1Dissent

Goldstein, J.,

dissents and votes to affirm the order appealed from, with the following memorandum: It is undisputed that as a result of the accident, the infant plaintiff suffered a head injury, posttraumatic headaches, and a sprain of both knees. The infant had a preexisting seizure disorder which manifested itself when he suffered one seizure shortly after his birth. Thereafter, until the time of the accident 4V2 years later, he did not suffer any seizures.

However, shortly after the accident, the infant plaintiff suffered another seizure. About two months later, he suffered yet another…

2Cases cited4 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Weider v. SenebouthyrathAppellate Division of the Supreme Court of the State of New York · 1992
  3. Greenman v. PollAppellate Division of the Supreme Court of the State of New York · 1993
  4. Schaming v. Saunders Construction CarriersAppellate Division of the Supreme Court of the State of New York · 1991

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