110 N.Y.S. 104 | N.Y. App. Div. | 1908
This is an action for personal injuries. The court granted the motion for a bill of particulars as to two items and denied it as to three others. Plaintiff alleges that she “ suffered a fracture of three ribs and an injury to her back, and, was otherwise injured, bruised and wounded, so that she became sick, sore and disabled, and so remained, and has ever since been, and will for a long time to come, be prevented from attending to her business, and has expended and will continue to expend large sums of money in endeavoring to be cured of her said injuries, to her damage in the sum of $10,000.”
The motion, in so far as it was denied, demanded a bill of particulars of (1) the nature, location and extent of each injury and whether claimed to be permanent; (2) the amount of any doctor’s, druggist’s and nurse’s bill claimed and their names and addresses, and (3) the age of plaintiff, the nature of her business, the. number of days she was unable to walk and the name and address of her employer.
The allegations of the complaint are insufficient to warrant a recovery for permanent injuries and it is, therefore, needless to require plaintiff to specify whether she claims that any of them are permanent. The allegation concerning the injury to her back is not specific, as the nature of the injury and the allegation that she “ was otherwise injured, bruised and wounded ” will, unless limited by a bill of particulars, admit proof of most any injury internal or external. The courts have in some instances declined to require bills of particulars of injuries not alleged to be permanent. (See
It follows, therefore, that the order, in so far as it is appealed from, should be modified, without costs, and motion granted, without costs, to the extent of requiring a bill of particulars of the nature, location and extent of the injuries, so far as now known, of the- amounts expended or obligations incurred for medical aid, medicines and nurse hire and the nature of plaintiff’s business.
Ingraham, Clarke, Houghton and Scott, JJ., concurred.
Order modified and motion granted, without costs, to the extent stated in opinion. Settle order on notice.