AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

VERNA BENNETT et al., Respondents, v. ANGEL CRUZ et al., Appellants, et al., Defendant.

The plaintiff was struck by the rear of defendants' truck while crossing the street at, or immediately adjacent to, a crosswalk. Since it was undisputed that plaintiff looked in the direction of oncoming traffic before stepping off the curb, and the truck struck her while backing up (i.e., moving in a direction from which no traffic would be expected), she was not guilty of contributory negligence. (Kupperberg v. American Druggists Syndicate, 212 App. Div. 311; Enstrom v. Neumoegen, 126 N.Y.S 660; cf., Vescio v. Silverman, 20 Misc.2d 876.)

The testimony of plaintiff and her experts supported the jury's determination that she suffered a "serious injury" within the meaning of Insurance Law § 5102 (d). We do not find the verdict, based on a torn rotator cuff of the shoulder, excessive (see, May v. European Health Spas, 103 A.D.2d 1032; compare, Gonzalez v. Manhattan Bronx Surface Tr. Operating Auth., 160 A.D.2d 420).

Concur — Kupferman, J.P., Sullivan, Ross, Ellerin and Rubin, JJ.

Use AI to get other relevant cases.

Comments

BENNETT v. CRUZ
(Dec 13, 1990)