(Download) "Michael Baker v. Kenneth P. Hlavachek Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free

eBook details

Title: Michael Baker v. Kenneth P. Hlavachek Et Al.
Author : Supreme Court of New York
Release Date : January 09, 1976
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

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[51 A.D.2d 739 Page 739] Upon our review of the record, and in light of the rule set forth in Pfaffenbach v White Plains Express Corp. (17 N.Y.2d 132), we conclude that this case was properly submitted to the jury and that the evidence supported a finding of negligence on the part of the defendant driver. At the trial and on the authority of Spier v Barker (35 N.Y.2d 444), defendants were permitted to call, as an expert witness, a consultant in automobile safety matters, who testified that, had the plaintiff's lap belt been fastened at the time of the accident, plaintiff would not have sustained the injuries he actually suffered. On cross-examination, and over objection, plaintiff's counsel was permitted to question the expert concerning injuries which plaintiff might have suffered had he been wearing a lap belt. The [51 A.D.2d 739 Page 740]