Wanamaker v. Pietraszek
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously reversed, on the law and facts, without costs, and new trial granted on the issue of damages only. Memorandum: There is no merit to defendants’ claim that the trial court should have presented the question of decedent’s contributory negligence to the jury, and the jury’s finding as to the proportionate liability of each defendant is amply supported in the record. The verdict of $252,000 is excessive, however, and since it cannot be said that the erroneous admission of evidence designed to show decedent’s potential for future earnings did not contribute to the excessive…
2Cases cited7 opinions
- Caprara v. Chrysler Corp.New York Court of Appeals · 1981
- Faulk v. Aware, Inc.Appellate Division of the Supreme Court of the State of New York · 1963
- Zaninovich v. American Airlines, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Faulk v. Aware, Inc.New York Court of Appeals · 1964
- Franchel v. SimsAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by8 opinions
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- Costarelli v. GurinoAppellate Division of the Supreme Court of the State of New York · 1991
- O'Buckley v. County of ChemungAppellate Division of the Supreme Court of the State of New York · 2017
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