SEARGENT v. BERBEN


235 A.D.2d 1024 (1997)

652 N.Y.S.2d 904

James V. Seargent et al., Appellants, v. Lynette M. Berben et al., Respondents

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

January 30, 1997


Mikoll, J.

Plaintiff James V. Seargent (hereinafter plaintiff) was injured, while operating a motorcycle, when struck by a vehicle operated by defendant Lynette M. Berben, who veered into plaintiff's path. Plaintiff was thrown off the motorcycle and sustained shin, shoulder, elbow and wrist injuries, a three-part fracture of his left ankle and numerous abrasions. After a jury trial, plaintiff was awarded $3,000 for loss of earnings, $40,000 for past pain...

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