O'Rourk v. Berner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: This personal injury action arises from a motor vehicle accident on May 24, 1993 that was caused by defendant Robert J. Berner’s failure to yield the right of way to third-party defendant. Dismissal of the third-party complaint is not against the weight of the evidence in view of the proof that third-party defendant had no opportunity to avoid the accident. We therefore affirm the judgment dismissing the third-party complaint.
The jury verdict awarding Patricia A. O’Rourk (plaintiff) $120,000 for future pain and. suffering based upon a…
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