Legal Opinion
Fitzgibbon v. County of Nassau
Appellate Division of the Supreme Court of the State of New York
Decided April 13, 1992PublishedCited by 5 opinions
1Opinion of the Court
In a negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Kutner, J.), entered March 27, 1990, which, upon a jury verdict, is in favor of the defendant County of Nassau and against him, dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
Contrary to the plaintiff’s contention, we find that the Supreme Court did not err by failing to charge the jury that the plaintiff had a lesser burden of proof due to retrograde amnesia. Generally, a plaintiff who suffers amnesia as the result of a…
2Cases cited4 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Sawyer v. Dreis & Krump Manufacturing Co.New York Court of Appeals · 1986
- Schechter v. KlanferNew York Court of Appeals · 1971
- Jarrett v. MadifariAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by5 opinions
- Parris v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2016
- Miceli v. GEICO Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Cook v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Dittmer v. TerzianNew York Supreme Court · 2004
- Jarvis v. LaFarge North America, Inc.Appellate Division of the Supreme Court of the State of New York · 2008