New York Court of Appeals
Charles E. Cole, Appellant-Respondent v. Mandell Food Stores, Inc., Respondent and Third-Party…
February 16, 199993 N.Y.2d 34
Summary
The Court held that a plaintiff who fails to plead an exemption to CPLR 1601(1) and does not seek leave to amend cannot raise that exemption on appeal, and therefore the limitation on noneconomic damages applies. The Court also affirmed that the trial court properly submitted the case against the supermarket to the jury under the doctrine of res ipsa loquitur.