Spells v. Foley
Cases that cite this one
6 later published cases cite this decision.
- Porcano v. Lehman (Appellate Division of the Supreme Court of New York 1998)
- Small v. Zelin (Appellate Division of the Supreme Court of New York 1989)
- Loucas v. A & A Trucking Co. (Appellate Division of the Supreme Court of New York 1987)
- State v. Adrien S. (Appellate Division of the Supreme Court of New York 2014)
- State v. Adrien S. (Appellate Division of the Supreme Court of New York 2014)
- Baginski v. New York Telephone Co. (Appellate Division of the Supreme Court of New York 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a negligence action to recover damages for personal injuries, etc., plaintiff James Spells appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Rockland County (Marbach, J.), entered May 13, 1980, as dismissed his cause of action for personal injuries, upon a jury verdict, that he did not “suffer a serious injury resulting from the accident”. Judgment reversed insofar as appealed from, on the law, with costs to appellant to abide the event, and new trial granted with respect to appellant’s personal injury cause of action. It was error for the trial court to charge the jury that appellant had the burden of proving his case by a “preponderance of the [credible] testimony *** with reasonable certainty”. The charge was confusing and could easily have misled the jury (see DiLorenzo v Venosa, 50 AD2d 603). In addition, it was improper for the trial court to refuse appellant’s
Case-law data current through September 30, 2026. Source: CourtListener bulk data.