VITKAUSKAS v. TYNEDALE SHIPPING CO., LTD.

No. 73 Civ. 5154.

416 F.Supp. 990 (1976)

Edita Vabalaite VITKAUSKAS and Arejas Vitkauskas, Plaintiffs, v. TYNEDALE SHIPPING CO., LTD., et al., Defendants.

United States District Court, S. D. New York.

June 29, 1976.


Attorney(s) appearing for the Case

Francis J. Dooley, Orange, N. J., for plaintiffs.

McHugh, Heckman, Smith & Leonard, New York City, for defendants by James M. Leonard, New York City, of counsel.


OPINION

WHITMAN KNAPP, District Judge.

As I indicated at the close of the trial, I found the defendants' medical testimony to be wholly persuasive and, insofar as it cannot be reconciled with such testimony offered by the plaintiff, I am constrained to reject the latter. But for the reservations stated below, this would leave us with a simple case of a broken ankle which was wholly healed within a period of four to five months after the accident. However...

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