Legal Opinion
McDowell v. Eagle Trans. Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 2003PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendants appeal from a judgment of the Supreme Court, Kings County (Barasch, J.), dated November 7, 2001, which, upon a jury verdict, is in favor of the plaintiffs and against them.
Ordered that the judgment is reversed, on the law, as a matter of discretion, and a new trial is ordered, with costs to abide the event, to be held after (1) a further physical examination of the plaintiff John McDowell, unless waived by the defendants, and (2) an examination by an expert in vocational rehabilitation of the plaintiff John McDowell,…
2Cases cited10 opinions
- Kavanagh v. Ogden Allied Maintenance Corp.New York Court of Appeals · 1998
- Kupfer v. DaltonAppellate Division of the Supreme Court of the State of New York · 1991
- Lapera v. ShafronAppellate Division of the Supreme Court of the State of New York · 1990
- Adkins v. Queens Van-Plan, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Smith v. ManningAppellate Division of the Supreme Court of the State of New York · 2000
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Castillo v. 62-25 30th Avenue Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Vargas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Arroyo v. LacuestaAppellate Division of the Supreme Court of the State of New York · 2016
- Scotto v. M.D. Carlisle Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Nikel v. 5287 Tr. Rd., LLCAppellate Division of the Supreme Court of the State of New York · 2023