Bernard v. Spear

Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered March 3, 2015. The order, insofar as appealed from, granted defendant’s motion insofar as it sought summary judgment dismissing plaintiff’s complaint.

It is hereby ordered that the order insofar as appealed from *1448is unanimously reversed on the law without costs, the motion is denied with respect to the issue of liability, and the complaint is reinstated except with respect to the damages claim for decedent’s conscious pain and suffering.

Memorandum: Plaintiff commenced this wrongful death action after her…