O'Connor v. Incorporated Village of Port Jefferson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Underwood, J.), entered April 19,1983, which, after a jury trial, was in favor of defendant.
Judgment reversed, on the law and as a matter of discretion, and new trial granted, with costs to abide the event.
Plaintiff was severely injured when he dove into a shallow portion of a lagoon operated by the defendant. For the reasons outlined below, a new trial is warranted.
First, the following statement, contained in the discharge summary of the hospital in which…
2Cases cited7 opinions
- In re Leon RRNew York Court of Appeals · 1979
- Levine v. Shell Oil Co.New York Court of Appeals · 1971
- Williams v. AlexanderNew York Court of Appeals · 1955
- Sabatino v. Turf House, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Blair v. Martin'sAppellate Division of the Supreme Court of the State of New York · 1980
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- In re Damon J.Appellate Division of the Supreme Court of the State of New York · 1988
- Allstate Insurance v. WhiteAppellate Division of the Supreme Court of the State of New York · 1985
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