TATE v. COLABELLO


58 N.Y.2d 84 (1983)

Liza Tate, an Infant, by Her Mother and Natural Guardian, Susan McMahon, et al., Respondents, v. Pat V. Colabello et al., Appellants.

Court of Appeals of the State of New York.

Decided February 10, 1983.


Attorney(s) appearing for the Case

E. Richard Rimmels, Jr., and Donald S. Neumann, Jr., for appellants.

Sally Weinraub for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur; Judge SIMONS taking no part.


FUCHSBERG, J.

This appeal poses questions which commonly recur in the trial of damage issues in personal injury litigation. These arise in the context of a $320,000 jury verdict in favor of 15-year-old Liza Tate, who two years earlier had been struck by defendants' motor vehicle, which allegedly ran a traffic light while she and three other youngsters were crossing a city street.

On defendants' CPLR 4404...

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