COYNE v. CAMPBELL


11 N.Y.2d 372 (1962)

Martin J. Coyne, Appellant, v. William T. Campbell, Respondent.

Court of Appeals of the State of New York.

Decided June 12, 1962.


Attorney(s) appearing for the Case

John J. Nicit for appellant.

Albert E. Bond for respondent.

Judges DYE, VAN VOORHIS, BURKE and FOSTER concur with Judge FROESSEL; Chief Judge DESMOND concurs in a separate opinion; Judge FULD dissents in an opinion.


FROESSEL, J.

On July 5, 1957 plaintiff sustained a whiplash injury when his automobile was struck in the rear by a motor vehicle driven by defendant. Inasmuch as plaintiff is a practicing physician and surgeon, he received medical treatment, physiotherapy and care from his professional colleagues and his nurse, and incurred no out-of-pocket expenses therefor. Nevertheless, in his bill of particulars, he stated...

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