WEBER v. WILLIAM & JAMES DRUGS, INC.


199 A.D.2d 381 (1993)

605 N.Y.S.2d 375

Steven E. Weber, Jr., Appellant, v. William & James Drugs, Inc., et al., Respondents

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

December 20, 1993


Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff was five years old when the defendant Richard L'Esperance, Jr., rode his bicycle over his ankle and fractured his leg. The plaintiff wore a cast for one month after the accident. After it was removed, he did not limp nor complain about any problems from the accident.

At the trial, the defendants admitted their fault...

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