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Felice v. Southside Hospital

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 359 (N.Y. App. Div. 1998)

Opinion

April 13, 1998

Appeal from the Supreme Court, Suffolk County (Doyle, J.).


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

A bifurcated trial is normally appropriate in a negligence case. A trial on the issues of both liability and damages should be held only where the nature of the injuries has an important bearing on the issue of liability ( see, Rothbard v. Woolworth Co., 233 A.D.2d 434; Stanford v. Resler, 206 A.D.2d 468). Here, the plaintiffs failed to show any need to introduce evidence of the infant plaintiff's injuries in order to establish liability. Therefore, it was not an improvident exercise of the court's discretion to grant the defendants' respective motions for a bifurcated trial on the issues of liability and damages.

Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.


Summaries of

Felice v. Southside Hospital

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 359 (N.Y. App. Div. 1998)
Case details for

Felice v. Southside Hospital

Case Details

Full title:EDWARD FELICE, Individually and as Father and Natural Guardian of MATTHEW…

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

Date published: Apr 13, 1998

Citations

249 A.D.2d 359 (N.Y. App. Div. 1998)
670 N.Y.S.2d 370

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