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HUTHMACHER v. DUNLOP TIRE CORPORATION

309 A.D.2d 1175 (2003)

765 N.Y.S.2d 111

MARY-BETH K. HUTHMACHER, as Administratrix of the Estate of MICHAEL D. HUTHMACHER, Deceased, et al., Respondents-Appellants, v. DUNLOP TIRE CORPORATION et al., Appellants-Respondents.

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

Decided October 2, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by granting the posttrial motion of defendants in part and, with respect to the personal injury cause of action, vacating the award of damages for conscious pain and suffering and for the derivative cause of action of plaintiff Mary-Beth K. Huthmacher, individually, and, with respect to the wrongful death cause of action, vacating the award of damages for that...

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