Braun v. Ahmed
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bracken, J.
The primary issue on this appeal is one of first impression in this Department, namely, whether, in a medical malpractice action, the plaintiffs’ counsel in summation may request a specific dollar figure for damages. Because we believe that counsel may as a matter of fair comment make such a request and since that request was denied by the trial court in this instance, we reverse and direct a new trial on the issue of damages only.
The plaintiff Willi Braun came under the care of the defendant Dr. Naseer Ahmed in 1976, primarily for the treatment of diabetes.…
2Cases cited36 opinions
- Botta v. BrunnerSupreme Court of New Jersey · 1958
- Caley v. ManickeIllinois Supreme Court · 1962
- Holmes v. . JonesNew York Court of Appeals · 1890
- Affett v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1960
- Hardwick v. PriceCourt of Appeals of Georgia · 1966
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3Cited by24 opinions
- Smith v. Catholic Medical Center of Brooklyn & Queens, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- McDougald v. GarberNew York Court of Appeals · 1989
- OKRAYAENTS v. Metropolitan Transportation AuthorityDistrict Court, S.D. New York · 2008
- Cerasuoli v. BrevettiAppellate Division of the Supreme Court of the State of New York · 1990
- Castillo v. Kings County Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2017
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