Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

NORMAN O. DAVIS v. CLEVELAND MCDANIEL ET AL. (06/24/69)

CIVIL COURT OF THE CITY OF NEW YORK, NEW YORK COUNTY 1969.NY.42153 <http://www.versuslaw.com>; 303 N.Y.S.2d 323; 60 Misc. 2d 390 June 24, 1969 NORMAN O. DAVIS, PLAINTIFF,v.CLEVELAND MCDANIEL ET AL., DEFENDANTS Lewis Ginsburg for plaintiff. Leo Gilberg for Nomad Service Corporation, defendant. Edward Goodell, J. Author: Goodell


Edward Goodell, J.

Author: Goodell

 This application, made by the plaintiff, after the jury had rendered its verdict in his favor in an action for personal injuries and property damage resulting from an automobile accident, seeks the addition of interest to the verdict and the allowance of mileage fees paid to a witness for the plaintiff.

1. CPLR 5001 has eliminated the dispute as to whether interest is recoverable as a matter of right or discretion in cases of negligent injury to property. The dictum in Flamm v. Noble (296 N. Y. 262, 268) has been legislated into law by section 5001 so that the addition of interest to a jury's verdict for property damage is now a matter of right. (See Legislative Studies and Reports in McKinney's Cons. Laws of N. Y., Book 7B, ยง 5001, p. 526, and 5 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 5001.05.)

Under subdivision (c) of section 5001 the court has authority to fix the date for the computation of interest as of the date of the occurrence of the accident.

The question here is whether the verdict sufficiently distinguishes the part allocated by the jury to property damage to enable the court, without speculation, to add interest to that part of the verdict. "Reasonable certainty" is the criterion. (Flamm v. Noble, supra).

The defendant concedes in its answering affidavit that the jury brought in two verdicts, one "a verdict for a cause of action for personal injuries for $1000" and "a second verdict for the sum of $570.85."

The verdict for $570.85 embraces not only property damage but special damages also for medical and hospital services which, as established by the exhibits admitted into evidence, were as follows:

Courtesy Service Center, Inc. (Plaintiff's

Exhibit 1 in evidence -- paid bill for auto

repairs) $117.10

Katz Auto Collision Works (Plaintiff's

Exhibit 2 in evidence -- paid bill for auto

repairs) $331.75

Knickerbocker Hospital (Plaintiff's Exhibit

3 in evidence -- partially paid bill for

hospital service) ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.