TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Tuesday, December 8, 2009

Negligent Failure to Tree Prune

From Injured:  "the wife of a Google engineer injured by a falling tree branch has sued the city of New York for $120 million dollars." 


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The amount "sued for" is often just about meaningless. It's not even permitted to be part of the complaint anymore in NY pursuant to a recent amendment to the CPLR. When defendants ask for the amount, though (after the lawsuit has begun), then plaintiffs are to provide it. It thus sets the upper limit that can possibly be awarded by the jury years hence. Cautious attorneys for plaintiffs will therefore pick very high amounts when asked. The more relevant inquiry at the early stages of a lawsuit is: what are the injuries claimed and what are the highest amounts sustained by appellate courts for similar injuries.

Posted by: John Hochfelder | Dec 8, 2009 4:52:40 AM

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