Legal Opinion
Cummins v. County of Onondaga
New York Court of Appeals
Decided October 25, 1994PublishedCited by 59 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The action is for wrongful death and conscious pain and suffering, but the appeal relates exclusively to whether there was any line of reasoning which could support the jury’s damage verdict for conscious pain and suffering. The Appellate Division affirmed the trial court’s order setting aside the pain and suffering award, with two Justices dissenting to uphold the jury verdict. We agree with the lower courts that plaintiff’s evidence here failed to meet the minimum legal threshold and affirm the order of the Appellate Division.
On the night of January 24,…
2Cases cited9 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Mirand v. City of New YorkNew York Court of Appeals · 1994
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- McDougald v. GarberNew York Court of Appeals · 1989
- Gonzalez v. New York City Housing AuthorityNew York Court of Appeals · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Chanko v. American Broadcasting Companies, Inc.New York Court of Appeals · 2016
- Ward v. StewartDistrict Court, N.D. New York · 2017
- Grullon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- 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
54 more not listed; retrieve them via the Exa API.