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Jordan v. Donat

Appellate Division of the Supreme Court of New York, First Department
Nov 24, 1998
255 A.D.2d 242 (N.Y. App. Div. 1998)

Opinion

November 24, 1998

Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).


The missing witness instruction was warranted since defendants did not demonstrate that the physicians who had examined plaintiffs on defendants' behalf were unavailable, or that their testimony would be cumulative ( see, People v. Gonzalez, 68 N.Y.2d 424, 427). In addition, since the record supports the trial court's implicit determination that this case involved "serious injury" as a matter of law, the court's failure to charge as to the no-fault threshold was not erroneous. Finally, in light of the evidence indicating that the 31-year-old plaintiff would suffer substantial pain from her back injuries, which injuries include one herniated and four bulging discs, the award to her of $175,000 for future pain and suffering did not deviate from reasonable compensation under the circumstances ( see, Skow v. Jones, Lang Wooton Corp., 240 A.D.2d 194).

Concur — Lerner, P. J., Williams, Tom and Andrias, JJ.


Summaries of

Jordan v. Donat

Appellate Division of the Supreme Court of New York, First Department
Nov 24, 1998
255 A.D.2d 242 (N.Y. App. Div. 1998)
Case details for

Jordan v. Donat

Case Details

Full title:CARL JORDAN, Plaintiff, and PATRICIA CAESAR, Respondent, v. MARSHALL J…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 24, 1998

Citations

255 A.D.2d 242 (N.Y. App. Div. 1998)
680 N.Y.S.2d 501

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