Legal Opinion
Bearss v. Westbury Hotel, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 1969PublishedCited by 4 opinions
1Per curiam
The defendant appeals from a judgment which was entered upon a verdict of a jury in an action to recover for injuries sustained by the plaintiff as she was leaving defendant’s restaurant through a revolving door. We conclude that prejudicial reversible error was committed by the trial court when it allowed the plaintiff’s expert to give his opinion that the door was “unsafe” and that, in any event, the verdict for the plaintiff is against the weight of the evidence.
The plaintiff testified that, on leaving the restaurant through the revolving door, she was struck in the back by the door on its…
2Cases cited8 opinions
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Lahr v. TirrillNew York Court of Appeals · 1937
- Ruback v. . McCleary, Wallin CrouseNew York Court of Appeals · 1917
- Schutz v. . Union Railway Co.New York Court of Appeals · 1905
- Welle v. . Celluloid Co.New York Court of Appeals · 1906
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3Cited by4 opinions
- Roshan L. Mehra, as Administrator of the Goods, Chattels and Credits Which Were of Rajinder K. Mehra v. Roberta Bentz and Rudolph J. BentzCourt of Appeals for the Second Circuit · 1976
- Andretta v. LenahanAppellate Division of the Supreme Court of the State of New York · 2003
- Catlyn v. Hotel & 33 Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Lombardo v. New York University Medical CenterAppellate Division of the Supreme Court of the State of New York · 1997