GERICHTEN v. RUIZ


80 A.D.2d 578 (1981)

Kenneth A. Gerichten, an Infant, by His Parent and Natural Guardian, Kenneth Gerichten, Respondent, et al., Plaintiff, v. Maria Ruiz, Defendant, and Welsbach Electric Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 9, 1981


Judgment reversed, on the law and as a matter of discretion, without costs or disbursements, and action remitted to the Supreme Court, Kings County, for a new trial on the issue of damages.

No issues have been presented with respect to liability. The major issues on the damage phase of this bifurcated trial were (1) whether certain fainting episodes experienced by the infant plaintiff were traumatic epileptic seizures and (2) whether the episodes and certain learning...

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