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SPOSE v. RAGU FOODS

142 Misc.2d 366 (1989)

Joseph Spose, Jr., et al., Plaintiffs, v. Ragu Foods, Inc., et al., Defendants. Ragu Foods, Inc., Third-Party Plaintiff, v. Postler and Jaeckle Corporation et al., Third-Party Defendants.

Supreme Court, Monroe County.

January 9, 1989

Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (James C. Gocker of counsel), for Ragu Foods, Inc., defendant and third-party plaintiff. Hall & Karz (Laurence M. Karz of counsel), for Postler and Jaeckle Corporation, third-party defendant. Culley, Marks, Corbett, Tanenbaum, Reifsteck & Potter (Glenn E. Pezzulo of counsel), for Werner-Spitz Construction Co., Inc., defendant. Cyril A. Krenzer for plaintiffs.

RICHARD C. WESLEY, J.

This case presents the legal problem of determining the effect of an independent, further disabling postaccident injury on the amount of damages awarded to a plaintiff for lost earning capacity.

Specifically, does a postaccident injury which completely disables a partially disabled plaintiff preclude his recovery for now foreclosed future earnings? The question is apparently one...

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