DONATO v. SCHAEFER


118 A.D.2d 827 (1986)

Donald R. Donato, Appellant, v. Edward Schaefer et al., Respondents

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

March 31, 1986


Judgment affirmed, with costs.

On October 11, 1979, the plaintiff drove his jeep into the side of an automobile which was protruding into the street from a hospital driveway. The damage was extensive and the plaintiff subsequently sued to recover damages for his personal injuries, the principal claim being that the collision had aggravated his congenital spinal abnormality. The jury apportioned 70% of the fault to the plaintiff and 30% to the defendants, but awarded...

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