Legal Opinion · Concurring in part, dissenting in part

Braun v. Ahmed

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

Decided April 27, 1987Published

1Concurring in part, dissenting in partSpatt, J.

I concur to affirm the jury’s findings of fact as to liability for the reasons stated in the majority opinion. As to the summation issue, I disagree with the determination of the majority and would hold that in a medical malpractice case, the plaintiff’s counsel cannot request a specific dollar amount for general damages for pain and suffering and permanent injuries. In my view, such a practice is impermissible under the statutory and common law of this State.

At the outset, it is clear that, in a medical malpractice case, as in any other civil lawsuit, counsel have an absolute right to…

2Cases cited16 opinions

  1. Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
  2. Holmes v. . JonesNew York Court of Appeals · 1890
  3. Tate v. ColabelloNew York Court of Appeals · 1983
  4. Rice v. NinacsAppellate Division of the Supreme Court of the State of New York · 1970
  5. Tisdale v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1889

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