Legal Opinion

Seargent v. Berben

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

Decided January 30, 1997PublishedCited by 13 opinions

1Opinion of the CourtMikoll, J.

Appeal from a judgment of the Supreme Court (Hughes, J.), entered April 26, 1996 in Albany County, upon a verdict rendered in favor of plaintiffs.

Plaintiff James V. Seargent (hereinafter plaintiff) was injured, while operating a motorcycle, when struck by a vehicle operated by defendant Lynette M. Berben, who veered into plaintiff’s path. Plaintiff was thrown off the motorcycle and sustained shin, shoulder, elbow and wrist injuries, a three-part fracture of his left ankle and numerous abrasions. After a jury trial, plaintiff was awarded $3,000 for loss of earnings, $40,000 for past pain and…

2Cases cited4 opinions

  1. Toscarelli v. PurdyAppellate Division of the Supreme Court of the State of New York · 1995
  2. Bunge v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
  3. Reape v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  4. Burns v. GooshawAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by13 opinions

  1. Faas v. StateAppellate Division of the Supreme Court of the State of New York · 1998
  2. Ordway v. Columbia County Agricultural SocietyAppellate Division of the Supreme Court of the State of New York · 2000
  3. Britvan v. Plaza at Latham, L. L. C.Appellate Division of the Supreme Court of the State of New York · 1999
  4. O'Brien v. MbuguaAppellate Division of the Supreme Court of the State of New York · 2008
  5. Furey v. United StatesDistrict Court, N.D. New York · 2006

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