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KAMINER v. JOHN HANCOCK MUT. INS. CO.

199 A.D.2d 53 (1993)

604 N.Y.S.2d 114

Barbara Kaminer, Respondent, v. John Hancock Mutual Insurance Company et al., Appellants. (And a Third-Party Action.)

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

December 7, 1993

Although the evidence at trial established that a defect in the floor existed where the 73-year old plaintiff fell and that her injury was substantial, painful and permanent, the jury found her 85% at fault and awarded her no damages for future pain and suffering.

We agree with the trial court that the only possible explanation for the jury's apportionment of liability is speculation that the main cause of plaintiff's fall...

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