Legal Opinion

Schmitt v. Werner Enterprises, Inc.

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

Decided November 13, 2000PublishedCited by 6 opinions

1Opinion of the Court

—Judgment unani*1004mously affirmed with costs. Memorandum: In this action to recover for physical and psychological injuries allegedly sustained by plaintiff as a result of a car accident, the jury allocated liability 25% to one defendant and 75% to a second set of defendants and awarded plaintiff total damages of $209,901. Plaintiff appeals from a judgment awarding her (after appropriate reductions for collateral source payments) $115,508.27.

Supreme Court did not err in admitting evidence of plaintiff’s past psychological problems. That evidence was relevant on the issue of causation with…

2Cases cited5 opinions

  1. Harris v. MoyerAppellate Division of the Supreme Court of the State of New York · 1998
  2. Cole v. TravisAppellate Division of the Supreme Court of the State of New York · 2000
  3. Hiraldo v. KhanAppellate Division of the Supreme Court of the State of New York · 1999
  4. Texido v. MargarucciAppellate Division of the Supreme Court of the State of New York · 1996
  5. Smith v. Monro Muffler Brake, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by6 opinions

  1. Sence v. AtoynatanAppellate Division of the Supreme Court of the State of New York · 2016
  2. Holstein v. Community General Hospital of Greater SyracuseAppellate Division of the Supreme Court of the State of New York · 2011
  3. HOLSTEIN, TINA M. v. COMMUNITY GENERAL HOSPITAL OF, GREATER SYRACUSEAppellate Division of the Supreme Court of the State of New York · 2011
  4. Jannell Williams v. Werner Enterprises, Inc.West Virginia Supreme Court · 2015
  5. Jannell Williams v. Werner Enterprises, Inc.West Virginia Supreme Court · 2015

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