Legal Opinion
Roth v. Hudson Transit Lines, Inc.
New York Supreme Court
Decided December 13, 1972PublishedCited by 5 opinions
1Opinion of the CourtBentbey Kassal, J.
Plaintiff moved for a new trial after the jury verdict on the grounds that prejudicial error was committed by the court in giving “ negative charges ” to the jury. In essence, the instructions stated the jury was not to consider either damages for the aggravation of any previous back injuries or the plaintiff’s susceptibility to back injury in its verdict.
This is a personal injury action tried solely on the question of damages since liability has already been established. The plaintiff’s pleadings, including the bill of particulars, clearly allege that the automobile accident on December…
2Cases cited4 opinions
- Steitz v. GiffordNew York Court of Appeals · 1939
- McCahill v. New York Transportation Co.New York Court of Appeals · 1911
- Samuels v. New York Railways Corp.Appellate Division of the Supreme Court of the State of New York · 1929
- Von Sydow v. Long Beach Bus Co.Appellate Division of the Supreme Court of the State of New York · 1937
3Cited by5 opinions
- Behan v. Data Probe International, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Edward Hogan, Jr. v. Wal-Mart Stores, Inc.Court of Appeals for the Second Circuit · 1999
- De Mento v. Nehi Beverages, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Ruggiero v. Banner Glass & Mirror Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Meyers v. EpsteinDistrict Court, S.D. New York · 2003