Legal Opinion
Kastick v. U-Haul Co. of Western Michigan
Appellate Division of the Supreme Court of the State of New York
Decided March 19, 1999No. Appeal No. 1PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously reversed on the law with costs to plaintiff and new trial granted. Memorandum: Supreme Court erred in dismissing the wrongful death cause of action. The certified hospital bills for decedent’s medical care, which were admitted into evidence, are prima facie evidence (see, People v Mertz, 68 NY2d 136, 148) that the amounts charged were reasonable and necessary (see, CPLR 4518 [b]). Contrary to defendants’ contention, Katherine M. Kastick (plaintiff) provided sufficient proof that the motor vehicle accident was a substantial factor in causing decedent’s death (see, Garcia v…
2Cases cited6 opinions
- De Long v. County of ErieNew York Court of Appeals · 1983
- People v. MertzNew York Court of Appeals · 1986
- DeLong v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1982
- Garcia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Anderson v. Commercial Travelers Mutual Accident Ass'nAppellate Division of the Supreme Court of the State of New York · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kastick v. U-Haul Co.Appellate Division of the Supreme Court of the State of New York · 2002
- KNIGHT, FREDERICK G. v. HOLLAND, ROBERTAppellate Division of the Supreme Court of the State of New York · 2017
- Reid v. SoultsAppellate Division of the Supreme Court of the State of New York · 2016
- Archer v. ParlmanAppellate Division of the Supreme Court of the State of New York · 2025
- Reid v. SoultsAppellate Division of the Supreme Court of the State of New York · 2016