New York Court of Appeals

Robert Schechter, an Infant by Abraham J. Schechter, His Father v. Robert Klanfer

April 8, 197128 N.Y.2d 228

Summary

The New York Court of Appeals reversed the Appellate Division, holding that an amnesiac plaintiff is entitled to a lesser burden of proof on contributory negligence when clear and convincing evidence shows the amnesia resulted from the accident, and ordered a new trial.