Kelly v. Tarnowski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order and judgment unanimously reversed in the exercise of discretion without costs and new trial granted. Memorandum: City Court erred in its instruction on comparative negligence in this personal injury action. The example provided by the court to illustrate the method for assigning percentages of fault was confusing and mathematically incorrect. The court also erred in adding an instruction for "Damages for Shock and Fright and Physical Consequences Thereof’ (PJI 2:284) to its instruction on pain and suffering in the absence of any evidence that plaintiff’s injury caused emotional or…
2Cases cited13 opinions
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- Ciriello v. VirguesAppellate Division of the Supreme Court of the State of New York · 1989
- Steidel v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1992
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- Connors v. SowaAppellate Division of the Supreme Court of the State of New York · 1998
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