MARSHALL v. LOMEDICO


292 A.D.2d 669 (2002)

738 N.Y.S.2d 734

CHARLES D. MARSHALL et al., Respondents, v. FABIOLA LOMEDICO et al., Appellants.

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

Decided March 7, 2002.


Cardona, P.J.

Plaintiff Charles D. Marshall (hereinafter plaintiff) and his wife, derivatively, commenced this action to recover damages for personal injuries he sustained in a motor vehicle accident which occurred in the City of Albany on October 16, 1998. After trial, the jury found defendants 100% liable and awarded $6,000 for past pain and suffering. The jury did not, however, award damages for future pain and suffering or for the derivative cause of action. Supreme...

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