Legal Opinion
McEwen v. Akron Fire Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 1998PublishedCited by 7 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action against defendant seeking damages for personal injuries she sustained when the automobile she was driving was struck by defendant’s ambulance. The jury awarded plaintiff $13,000 for past lost earnings and $175,000 for past pain and suffering, but reduced the total award to $75,200 because of plaintiffs failure to wear a seatbelt. There was no award for future damages.
Plaintiff contends that the failure to award damages for future pain and suffering, where there is clear evidence of permanency, is against…
2Cases cited5 opinions
- Barry v. ManglassNew York Court of Appeals · 1981
- Patrick v. New York Bus Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Texido v. MargarucciAppellate Division of the Supreme Court of the State of New York · 1996
- Grassi v. KamalianAppellate Division of the Supreme Court of the State of New York · 1996
- Siegel v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by7 opinions
- Simmons v. Dendis Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Lahren v. Boehmer Transportation Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Spors v. StollAppellate Division of the Supreme Court of the State of New York · 1998
- Everding v. BombardAppellate Division of the Supreme Court of the State of New York · 2000
- Roskwitalski v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 2004
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