Legal Opinion

Kapsis v. Port Authority

New Jersey Superior Court Appellate Division

Decided June 30, 1998PublishedCited by 3 opinions

1Opinion of the Court

The opinion of the court was delivered by

BROCHIN, J.A.D.

In this FELA1 case, the jury found that defendant Port Authority Trans-Hudson Corporation (PATH)’s negligence and plaintiff Vasilios Kapsis’ cigarette smoking were both proximate causes of his asbestosis and of his laryngeal cancer. The jury determined that Mr. Kapsis’ total damages were $3,000,000 for pain and suffering and $732,000 for lost wages, and it apportioned seventy-five percent of the total negligence to PATH and twenty-five percent to Mr. Kapsis. On PATH’S motion for a new trial or *399a remittitur, Mr. Kapsis was given the…

2Cases cited29 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Urie v. ThompsonSupreme Court of the United States · 1949
  3. Bailey v. Central Vermont Railway, Inc.Supreme Court of the United States · 1943
  4. Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
  5. Ellis v. Union Pacific RailroadSupreme Court of the United States · 1947

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3Cited by3 opinions

  1. Stevens v. New Jersey Transit Rail OperationsNew Jersey Superior Court Appellate Division · 2003
  2. GERALD ORRICO VS. PORT AUTHORITY TRANS-HUDSON CORPORATION (L-5389-13, HUDSON COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018
  3. M.M. VS. PORT AUTHORITY TRANS-HUDSON CORPORATION (L-4751-15, HUDSON COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018

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