HERRING v. HAYES


135 A.D.2d 684 (1987)

Viola M. Herring, Appellant, v. Edna M. Hayes, Respondent

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

December 21, 1987


Ordered that the judgment is affirmed, with costs.

The issue before the jury was whether intensification of the pain in the lower area of the plaintiff's jaw and her resulting need for surgery was proximately caused by trauma sustained in an automobile accident in which the defendant stipulated that he was 75% negligent, or was attributable to the natural progression of a disease called trigeminal neuralgia. The plaintiff repeatedly suffered its symptoms, i.e., pain...

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