Practice point: Having presented medical evidence establishing the loss of memory and its causal relationship to defendant's fault, a plaintiff is entitled to the lesser standard of proof applicable to a party unable to present his version of the facts, pursuant to Noseworthy v. City of New York, 298 NY 76 [1948].
Student note: In order to avail himself of the doctrine, the plaintiff must present prima facie evidence of defendant’s negligence.
Case: Bah v. Benton, NY Slip Op 00106 (1st Dept. 2012).
Here is the decision.
Tomorrow’s issue: Right-of-way.
