Braun v. Ahmed
Appellate Division of the Supreme Court of the State of New York
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
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Holmes v. . JonesNew York Court of Appeals · 1890
- Tate v. ColabelloNew York Court of Appeals · 1983
- Rice v. NinacsAppellate Division of the Supreme Court of the State of New York · 1970
- Tisdale v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1889
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