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SMITH v. PROF'L PAINTING, INC.

202 A.D.2d 263 (1994)

608 N.Y.S.2d 641

David Smith, an Infant, by His Father and Natural Guardian, Herbert Smith, et al., Respondents, v. Professional Painting, Inc., et al., Defendants, and Jay Brody, Appellant

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

March 10, 1994

In light of, inter alia, the testimony of plaintiff, his father and two of his treating physicians, it cannot be said that the jury unreasonably concluded that defendant Brody negligently parked his vehicle and proximately caused plaintiff's injuries (see, Ferrer v Harris, 55 N.Y.2d 285, 293-294). We also note that the damages awarded to plaintiff do not materially deviate from what would be reasonable under similar...

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