SHANLEY v. CALLANAN INDS.


54 N.Y.2d 52 (1981)

Terrance Shanley, Appellant, v. Callanan Industries, Inc., Defendant-Respondent and Third-Party Plaintiff-Respondent. Kenneth E. James, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided October 27, 1981.


Attorney(s) appearing for the Case

E. Stewart Jones, Jr., E. Stewart Jones and Robert M. Cohen for appellant.

Warner M. Bouck, Donald Gulling, Jr., and Seale W. Tuttle for defendant-respondent and third-party plaintiff-respondent.

H. Ward Hamlin, Jr., and Hubert D. Miles for third-party defendant-respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


JASEN, J.

Kenneth James and Terrance Shanley were involved in a head-on automobile collision on September 10, 1976. Two separate actions in negligence were brought as a result. These actions were originally joined for trial, but were severed immediately prior to trial, without opposition. In the first action, the jury found Shanley 100% at fault and awarded James $65,000 in damages. In this second action, Shanley...

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