Legal Opinion

Petersen v. Owens

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

Decided October 7, 1992No. Appeal No. 1PublishedCited by 4 opinions

1Opinion of the Court

— Judgment unanimously reversed on the law with costs and new trial granted on damages only. Memorandum: Plaintiff appeals from a judgment entered upon a jury verdict finding that defendant Derek Owens’ negligence contributed to the death of her son, but that plaintiff suffered no pecuniary damages. The determination that plaintiff did not suffer pecuniary damages is contrary to the weight of evidence. Thus, we reverse and remit the matter for a new trial solely upon the issue of damages.

The evidence reveals that decedent was a 16-year-old high school senior with above average grades in…

2Cases cited5 opinions

  1. Franchel v. SimsAppellate Division of the Supreme Court of the State of New York · 1980
  2. In re Love Canal ActionsAppellate Division of the Supreme Court of the State of New York · 1990
  3. In re Love Canal ActionsNew York Supreme Court · 1989
  4. Moyer v. StateAppellate Division of the Supreme Court of the State of New York · 1991
  5. Windus v. BakerAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by4 opinions

  1. Krueger v. WildeAppellate Division of the Supreme Court of the State of New York · 1994
  2. Law v. MoskowitzAppellate Division of the Supreme Court of the State of New York · 2001
  3. O'Buckley v. County of ChemungAppellate Division of the Supreme Court of the State of New York · 2017
  4. O'Buckley v. County of ChemungAppellate Division of the Supreme Court of the State of New York · 2017

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