CUMMINS v. COUNTY OF ONONDAGA


198 A.D.2d 875 (1993)

605 N.Y.S.2d 694

Leonard P. Cummins, as Successor Administrator of The Estate of Karen A. Cummins, Deceased, Appellant-Respondent, v. County of Onondaga, Respondent-Appellant, et al., Defendant. (Appeal No. 1.)

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

November 19, 1993


Judgment affirmed without costs.

Memorandum:

Supreme Court was correct in granting defendant County of Onondaga's motion to set aside the verdict awarding damages for conscious pain and suffering. There was no evidence presented by plaintiff at trial from which the jury could infer that decedent was conscious after her car spun off the shoulder of the road, turned over as it dropped down a steep embankment, and came to rest in a pond of water adjacent to the...

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