Espinal v. Vargas
Cases that cite this one
3 later published cases cite this decision.
- Vatalaro v. County of Suffolk (Appellate Division of the Supreme Court of New York 2018)
- Nat'l Cont'l Ins. Co. v. Abdymadiyeva (District Court, E.D. New York 2017)
- Frank-Shaevich v. Anand (Appellate Division of the Supreme Court of New York 2014)
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
Contrary to the defendant’s contention, there was sufficient evidence to support the award for conscious pain and suffering. The plaintiffs expert testified that the decedent was conscious for 39 minutes between the time the accident occurred and the time she was placed under anesthesia for surgery. During that time, the decedent experienced abdominal bleeding and sharp pain from broken ribs which perforated her lungs, and she was “moaning” and “groaning” in response to questioning. Accordingly, we find that a verdict awarding damages for conscious pain and suffering was warranted (see McDougald v Garber, 73 NY2d 246 [1989]; Ramos v Shah, 293 AD2d 459 [2002]).
Moreover, under the circumstances of this case, it cannot be
The defendant’s remaining contentions are without merit. Skelos, J.P., Hall, Roman and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.