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accident action answer anxiety neurosis Appellate Division applied attorney automobile Bar Association Benson blood carrier cause charge City claim claimant client compensation contributory negligence corporate counsel County Court of Appeals CPLR damages death decision defendant defendant's Department Dept Design Review disclosure doctor doctrine driver epilepsy evidence examination expert fact fault fendant gence girl Hetzer hospital record involved issue Jones Act judge jury Justice Kings County liability litigation malpractice maritime medical malpractice ment MORTON FRIED negligence ness neurosis NYS 2d operation opinion owner party patient personal injury physician plaintiff police officer product liability question reason res ipsa loquitur result ROBERT KLONSKY rule settlement statute strict liability supra Supreme Court tachycardia taxicab testify testimony tion tort Trial Lawyers Association unseaworthiness vehicle verdict warranty witness