April 28, 2019

A Noseworthy charge.

As a result of the accident, the plaintiff is confined to a hospital bed and unable to speak, and so there will be a jury charge under the Noseworthy doctrine, which permits a plaintiff to prevail on a lesser degree of proof.

G.G.N. v. Ramos, NY Slip Op 03137 (1st Dep't April 15, 2019)

Here is the decision.