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Miller v. Flashner
190 N.Y.S.2d 420
N.Y. App. Div.
1959
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In an action by an unemaneipated minor against her deceased father’s estate to recover damages for personal injuries, the appeal is from a judgment dismissing the amended complaint on the opening statement to the jury by counsel for appellant. It was stated in *945the opening, in effect, that the child was a passenger in a motor vehicle which her father was driving, that he fell asleep and the vehicle ran into a pillar of an elevated railroad, that he had previously fallen asleep for a few seconds, and had awakened just before the occurrence, that is, when the motor vehicle was stopped because of a traffic signal, at which time he said he was tired and sleepy, and that shortly after this he refused to heed a request to stop because of his condition, saying that he was not far from his destination, which wias about a mile away. Judgment unanimously affirmed, without costs. No opinion. Present — Nolan, P. J., Wenzel, Beldock, Ughetta and Kleinfeld, JJ.

Case Details

Case Name: Miller v. Flashner
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jul 6, 1959
Citation: 190 N.Y.S.2d 420
Court Abbreviation: N.Y. App. Div.
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