Ciocca v. Park

New York Court of Appeals October 20, 2005

Ciocca v. Park, 839 N.E.2d 892 (N.Y. 2005)

5 N.Y.3d 835; 805 N.Y.S.2d 539

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith Concur

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. We agree with the Appellate Division majority that plaintiff failed to properly demonstrate causation. Plaintiff did not lay an adequate foundation for the testimony of his experts that plaintiffs injuries were caused by acute trauma as a result of a motor vehicle accident. Accordingly, defendants’ motion for a directed verdict was properly granted.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

Reference

Full Case Name: Raffaele Ciocca Et Al., Appellants, v. Sang K. Park Et Al., Respondents
Cited By: 8 cases
Status: Published