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REIS v. VOLVO CARS OF N. AM.

No. 138.

24 N.Y.3d 35 (2014)

18 N.E.3d 383

993 N.Y.S.2d 672

2014 NY Slip Op 4880

MANUEL REIS, Individually and as Administrator of the Estate of SARA REIS, Deceased, Respondent, v. VOLVO CARS OF NORTH AMERICA et al., Appellants. (And a Third-Party Action.)

Court of Appeals of New York.

Decided July 1, 2014.

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City ( Roy L. Reardon , Andrew S. Amer and Alicia N. Washington of counsel), and Hardin, Kundla, McKeon & Poletto, PA. ( Mark S. Kundla and Stephen J. Donahue of counsel) for appellants.

Kreindler & Kreindler LLP, New York City ( Steven R. Pounian , Noah H. Kushlefsky , Megan W. Benett , Joseph P. Musacchio and Therese Stevens Loucks of counsel), for respondent.

Chief Judge LIPPMAN and Judges READ, PIGOTT and RIVERA concur with Judge SMITH; Judge GRAFFEO dissents and votes to affirm in an opinion; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

SMITH, J.

The standard jury charge in malpractice actions tells the jury that a defendant who has or claims to have "special skills" in a trade or profession is required to use the same degree of skill and care that others in the same trade or profession would reasonably use in the same situation (NY Pattern Jury Instructions [PJI] 2:15). Here, the trial court erred by giving this charge...

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