DAVIS v. CALDWELL


54 N.Y.2d 176 (1981)

Joan R. Davis et al., Respondents, v. Elethea H. Caldwell et al., Appellants.

Court of Appeals of the State of New York.

Decided November 19, 1981.


Attorney(s) appearing for the Case

John B. McCrory for appellants.

Sanford Robert Shapiro for respondents.

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


JONES, J.

When multiple theories of liability have been submitted to a jury which is instructed to return a general verdict only, a judgment entered on such a verdict in favor of the plaintiff must be reversed when the proof was insufficient for submission as to one or more of those theories. In this medical malpractice action, because plaintiffs failed to introduce evidence sufficient to sustain a verdict in...

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