REGER v. LONG ISLAND R.R. CO.


145 A.D.2d 618 (1988)

Donald Reger, Respondent, v. Long Island Railroad Company, Appellant

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

December 30, 1988


Ordered that the judgment is affirmed, with costs.

On November 6, 1983, the plaintiff fell on the defendant's property and as a result suffered a comminuted fracture of the left patella which necessitated two surgical operations and an extended period of recuperation. The undisputed expert evidence indicates that in May 1987 there was still tenderness within the injured kneecap. Additionally, the plaintiff's participation in prolonged physical activity was curtailed...

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