Cummins v. County of Onondaga
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment affirmed without costs. Memorandum: Supreme Court was correct in granting defendant County of Onondaga’s motion to set aside the verdict awarding damages for conscious pain and suffering. There was no evidence presented by plaintiff at trial from which the jury could infer that decedent was conscious after her car spun off the shoulder of the road, turned over as it dropped down a steep embankment, and came to rest in a pond of water adjacent to the road. The medical examiner testified that decedent died as a result of drowning and hypothermia. He noted that decedent had sustained a…
2Cases cited11 opinions
- Weiss v. FoteNew York Court of Appeals · 1960
- Alexander v. EldredNew York Court of Appeals · 1984
- Gonzalez v. New York City Housing AuthorityNew York Court of Appeals · 1991
- Juiditta v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Anderson v. RoweAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by14 opinions
- Cummins v. County of OnondagaNew York Court of Appeals · 1994
- Appelbaum v. County of SullivanAppellate Division of the Supreme Court of the State of New York · 1995
- Brown v. StateAppellate Division of the Supreme Court of the State of New York · 2010
- Light v. StateAppellate Division of the Supreme Court of the State of New York · 1998
- Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
9 more not listed; retrieve them via the Exa API.