Legal Question in Personal Injury in New York
civil lawsuit,personal injurt tort
is it possible a judge,that has presided over a civil case,can make a a determination as far as monetary damages from the bench,when all motions etc. are fully submitted.Especially when the judge has lost all patience with the defendants?
Asked on 2/05/07, 9:14 am
2 Answers from Attorneys
Frank Pintauro
Donohue & Partners, PC
Re: civil lawsuit,personal injurt tort
In general, judges - unless you have a trial witout a jury - do not determine amount of damages. Without knowing more, I would guess the Judge is giving his opinion as to the value of the case to pursuade the parties to settle. This is something Judges do often even though it really may not be their place to do so.
Answered on 2/05/07, 10:23 am
Mark S. Moroknek
Kelly & Curtis, PLLC.
Re: civil lawsuit,personal injurt tort
More than possible, it happens all the time in non-jury trials.
Answered on 2/06/07, 4:40 pm