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Ragins v. Arentson

Appellate Division of the Supreme Court of New York, Second Department
Feb 11, 1974
43 A.D.2d 965 (N.Y. App. Div. 1974)

Opinion

February 11, 1974


In an action to recover damages for wrongful death and conscious pain and suffering, defendant appeals from an order of the Supreme Court, Richmond County, dated December 18, 1972, which granted plaintiff's motion to set aside a jury verdict in favor of defendant and ordered a new trial. Order reversed, without costs, plaintiff's motion denied and verdict reinstated. Plaintiff's intestate (a three-year-old child) died after being struck by an automobile owned and operated by defendant. The only question presented on this appeal is whether the jury verdict was properly set aside by the trial court. The evidence was conflicting as to whether defendant saw the child prior to the impact. This issue was properly left for the jury ( Triggs v. Advance Trucking Corp., 23 A.D.2d 777, 778; Flynn v. Superina, 22 A.D.2d 943, affd. 16 N.Y.2d 1033). Hopkins, Acting P.J., Shapiro, Christ, Brennan and Benjamin, JJ., concur.


Summaries of

Ragins v. Arentson

Appellate Division of the Supreme Court of New York, Second Department
Feb 11, 1974
43 A.D.2d 965 (N.Y. App. Div. 1974)
Case details for

Ragins v. Arentson

Case Details

Full title:ROSA RAGINS, as Administratrix of the Estate of SELVER RAGINS, JR.…

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

Date published: Feb 11, 1974

Citations

43 A.D.2d 965 (N.Y. App. Div. 1974)