Wynn v. Motor Vehicle Accident Indemnification Corp.
| Decision Date | 02 March 2016 |
| Citation | 26 N.Y.S.3d 558,137 A.D.3d 779 |
| Parties | Lesia C. WYNN, etc., respondent, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP., appellant. |
| Court | New York Supreme Court — Appellate Division |
137 A.D.3d 779
26 N.Y.S.3d 558
Lesia C. WYNN, etc., respondent,
v.
MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP., appellant.
Supreme Court, Appellate Division, Second Department, New York.
March 2, 2016.
Cruz & Gangi (Kornfeld, Rew, Newman & Simeone, Suffern, N.Y. [Scott A. Dow ], of counsel), for appellant.
Friedman Sanchez, LLP, Brooklyn, N.Y. (Andrew M. Friedman of counsel), for respondent.
MARK C. DILLON, J.P., L. PRISCILLA HALL, SHERI S. ROMAN, and COLLEEN D. DUFFY, JJ.
In an action to recover damages for personal injuries and wrongful death, the defendant appeals from a judgment of the Supreme Court, Kings County (Wade, J.), dated November 27, 2013, which, upon a jury verdict on the issue of liability, upon the denial of its motion, in effect, pursuant to CPLR 4401 for judgment as a matter of law dismissing the cause of action to recover damages for wrongful death, made at the close of the plaintiff's case on the issue of damages, and upon a jury verdict on the issue of damages awarding the plaintiff the principal sums of $500,000 for pain and suffering and $39,000 for wrongful death, is in favor of the plaintiff and against it in the principal sum of $539,000.
ORDERED that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of liability only; and it is further,
ORDERED that in the event that the defendant is found liable at the new trial, a judgment shall be entered upon that verdict and upon the jury verdict on the issue of damages awarding the plaintiff the principal sums of $500,000 for pain and suffering and $39,000 for wrongful death; and it is further,
ORDERED that one bill of costs is awarded to the defendant.
The plaintiff commenced this action to recover damages for personal injuries and wrongful death, alleging that on October 23, 2010, her decedent was a pedestrian who was struck by an unidentified motor vehicle that fled the scene. At a jury trial on the issue of liability, testimony was elicited from one eyewitness to the incident. The eyewitness testified that he saw a motor vehicle strike the decedent. However, the eyewitness also testified that he did not see the...
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...found ballistic evidence shed little light on any of the disputed issued at trial. Wynn v. Motor Vehicle Acc. Indemniication Corp. , 137 A.D.3d 779, 26 N.Y.S.3d 558 (2d Dept. 2016). Police accident report was inadmissible without redaction of the police oicer’s diagram of the accident becau......
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Demonstrative evidence
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Hearsay
...613, 75 N.Y.S.3d 907 (1st Dept. 2018). Uncertified police accident report was inadmissible hearsay. Wynn v. Motor Veh. Acc. Indem. Corp., 137 A.D.3d 779, 26 N.Y.S.3d 558 (2d Dept. 2016). Trial court erred in admitting the police accident report into evidence without redacting the portions t......
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Hearsay
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