Legal Opinion
Davis v. Caldwell
New York Court of Appeals
Decided November 19, 1981PublishedCited by 64 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
When multiple theories of liability have been submitted to a jury which is instructed to return a general verdict only, a judgment entered on such a verdict in favor of the plaintiff must be reversed when the proof was insufficient for submission as to one or more of those theories. In this medical malpractice action, because plaintiffs failed to introduce evidence sufficient to sustain a verdict in their favor on two of the theories submitted, the order of the court below affirming plaintiffs’ judgment must be reversed and a new trial ordered with respect to the…
2Cases cited2 opinions
- Food Pageant, Inc. v. Consolidated Edison Co.New York Court of Appeals · 1981
- Gurney, Becker & Bourne, Inc. v. Benderson Development Co.New York Court of Appeals · 1979
3Cited by64 opinions
- Bichler v. Eli Lilly & Co.New York Court of Appeals · 1982
- Kavanaugh v. NussbaumNew York Court of Appeals · 1988
- Lipsius v. WhiteAppellate Division of the Supreme Court of the State of New York · 1983
- Food Pageant, Inc. v. Consolidated Edison Co.New York Court of Appeals · 1981
- Welsh Manufacturing, Division of Textron, Inc. v. Pinkerton's, Inc.Supreme Court of Rhode Island · 1984
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