New York Court of Appeals
Leonard P. Cummins, as Successor Administrator of the Estate of Karen A. Cummins, Deceased, Appellant v. County of…
October 25, 199484 N.Y.2d 322
Summary
The Court affirmed the Appellate Division’s order vacating the jury’s award for conscious pain and suffering because the plaintiff failed to prove that the decedent was conscious after the accident, and it rejected the unpreserved argument of a presumption of continuance.