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FITZGIBBON v. COUNTY OF NASSAU

182 A.D.2d 670 (1992)

David Fitzgibbon, Jr., Appellant, v. County of Nassau, Respondent, et al., Defendants

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

April 13, 1992

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, we find that the Supreme Court did not err by failing to charge the jury that the plaintiff had a lesser burden of proof due to retrograde amnesia. Generally, a plaintiff who suffers amnesia as the result of a defendant's act is not held to as high a degree of proof in establishing his right to recover for injury as is a plaintiff who can describe the events (see,

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