Iadicicco v. Duffy
| Citation | 60 A.D.2d 905,401 N.Y.S.2d 557 |
| Parties | Diane IADICICCO, as administratrix, etc., Appellant-Respondent, v. John L. DUFFY, Respondent-Appellant, and General Motors Corporation, Respondent. David McNAMARA et al., Appellants-Respondents, v. John L. DUFFY, Respondent-Appellant, and General Motors Corp. et al., Respondents. (and third-party captions) |
| Decision Date | 30 January 1978 |
| Court | New York Supreme Court Appellate Division |
Reid & Alio, Melville (O'Hagan, Reilly & Gorman, Islip, Edward J. Gorman, Islip, of counsel), for respondent-appellant Duffy.
Samuel G. Rabinor and Albert S. Dranoff, Jamaica and Bishop & Guttenplan, Lynbrook (Albert S. Dranoff, Jamaica, of counsel), for appellant-respondent Iadicicco.
Braun, Pachman, Freidel, Oshrin & Block, P.C., Commack (Melvin D. Freidel, Commack, of counsel), for appellants-respondents David McNamara et al.
Evans, Orr, Pacelli, Norton & Laffan, P.C., New York City (William C. Morris and Walter G. Evans, New York City, of counsel), for respondent Korey Motors, Inc.
Simpson, Thacher & Bartlett, New York City (James P. Barrett, Kenneth R. Logan and James M. Altieri, New York City, of counsel), for respondent General Motors Corporation.
Before SUOZZI, J. P., and RABIN, SHAPIRO and O'CONNOR, JJ.
MEMORANDUM BY THE COURT.
In consolidated actions to recover damages for personal injuries and wrongful death, grounded in allegations of negligence and breach of warranty, in which, at a jury trial, the court, at the close of plaintiffs' cases, dismissed all claims, cross claims and third-party actions against defendants General Motors Corporation (G.M.) and Korey Motors, Inc. (Korey), the appeals are from a judgment of the Supreme Court, Nassau County, entered April 19, 1976, which is in favor of (1) plaintiff Iadicicco and against defendant Duffy in the principal amounts of $10,000 on the cause of action for conscious pain and suffering and $230,000 on the cause of action for wrongful death, (2) plaintiffs McNamara and Malone and against defendant Duffy in the total principal amount of $26,000 and (3) defendants G.M. and Korey.
Judgment reversed insofar as it is in favor of plaintiff Iadicicco as against defendant Duffy (first and second decretal paragraphs) and in favor of defendants G.M. and Korey (seventh through thirteenth decretal paragraphs), on the law, and new trial granted as between those parties with respect to all causes of action, cross claims and third-party actions, except that the cause of action for conscious pain and suffering is dismissed, with costs to abide the event.
Judgment affirmed insofar as it is in favor of plaintiffs McNamara and Malone and against defendant Duffy (third through sixth decretal paragraphs), without costs or disbursements. We note that by agreement between counsel for defendants G.M. and Korey and plaintiffs McNamara and Malone, as reflected in letters to this court by such counsel, plaintiffs McNamara and Malone will not participate in the new trial, but will make available the witnesses and evidence under their control, and that in the resulting judgment after the new trial any apportionment of damages which may be made as against defendants G.M. and Korey will also be made as against such defendants and in favor of plaintiffs McNamara and Malone, with the total amount of their damages to stand as affirmed herein.
Dominick Iadicicco, David McNamara and Daniel Malone were together on September 29, 1972, travelling as passengers in an automobile owned and operated by John Duffy. The four men were coworkers and had been celebrating Iadicicco's promotion. They had been imbibing heavily and were heading home when, according...
To continue reading
Request your trial
-
Winckel v. Atlantic Rentals & Sales, Inc.
...Tire Corp., 99 A.D.2d 795, 472 N.Y.S.2d 125; Yager v. Arlen Realty & Dev. Corp., 95 A.D.2d 853, 464 N.Y.S.2d 214; Iadicicco v. Duffy, 60 A.D.2d 905, 401 N.Y.S.2d 557; Tully v. Empire Equip. Corp., 28 A.D.2d 935, 282 N.Y.S.2d 322; 1 Weinberger, New York Products Liability § 20:04). In this c......
-
Schafer v. Standard Ry. Fusee Corp.
...124, 126, 557 N.Y.S.2d 951; Hylick v. Halweil, supra; Coley v. Michelin Tire Corp., 99 A.D.2d 795, 472 N.Y.S.2d 125; Iadicicco v. Duffy, 60 A.D.2d 905, 906, 401 N.Y.S.2d 557). Furthermore, the Supreme Court properly required further qualifications from the defendant's expert witness (see, W......
-
Bolm v. Triumph Corp.
...and rely upon the Second Department's decision in Barry v. Manglass, 55 A.D.2d 1, 389 N.Y.S.2d 870; followed in Iadicicco v. Duffy, 60 A.D.2d 905, 401 N.Y.S.2d 557 and the California decision on which Barry was premised, Ault v. International Harvester Co., 13 Cal.3d 113, 117 Cal.Rptr. 812,......
-
Caprara v. Chrysler Corp.
...liability that a defect in the design or construction of his automobile existed at the time of the accident (Iadicicco v. Duffy, 60 A.D.2d 905, 906, 401 N.Y.S.2d 557, 559; see Jackson v. Melvey, 56 A.D.2d 836, 392 N.Y.S.2d Plaintiff presented evidence that excluded all causes of the acciden......