Legal Opinion · Dissent

Cepeda v. Hertz Corp.

Appellate Division of the Supreme Court of the State of New York

Decided July 18, 1985Published

1Dissent

Milonas, J. (dissenting in part).

In my opinion, the judgment being appealed herein should be affirmed in all respects.

The uncontroverted evidence at trial demonstrates that prior to the accident in question, plaintiff, a healthy, physically active young man of 18 who had great pride in his superb physical condition, took pleasure in participating in a variety of athletic endeavors, including weightlifting, wrestling, boxing, jogging, baseball and softball. He was a manual laborer and had hopes of becoming a professional athlete. However, as a result of the injuries to plaintiff when he was…

2Cases cited2 opinions

  1. Neal v. Rainbow House FruitsAppellate Division of the Supreme Court of the State of New York · 1982
  2. Reinhart v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1984

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