MORALES v. HERON


250 A.D.2d 408 (1998)

673 N.Y.S.2d 88

Elizabeth Morales, Appellant-Respondent, v. Robert R. Heron, Defendant, and Augustine F. Tetro et al., Respondents-Appellants

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

May 12, 1998


Plaintiff, while a passenger in defendant Robert Heron's car, suffered two fractured ribs, a bruised kidney and bladder, and facial scarring requiring 50 stitches, when Heron's car crossed over into the opposite lane of traffic and collided head on with defendant Tetro's van. At the time of the accident, plaintiff was not wearing a seat belt even though one was available. We agree with the trial court that, contrary to defendants-appellants' argument, the jury's determination...

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