I had that come up in a case recently where as Bob mentioned, it was a causation question on the verdict sheet, but lead to a modified charge on causation.
Give me a call if youd like to discuss.
Regards
Scott
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Scott A. Singer
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Vigorito, Barker, Patterson, Nichols & Porter, LLP
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On May 7, 2026, at 11:14?PM, list
? *** Member’s Message ****
Sender: Alan Fumuso
Date: 5/7/2026 10:59:40 PM Its in the charge but I have never seen it on the verdict sheet. I cant believe that would be proper.
Al
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On May 7, 2026, at 9:12 PM, list
? *** Member’s Message ****
Sender: Robert Lapping
Date: 5/7/2026 9:12:43 PM
Loss of chance is a causation theory. If applicable, it should be the causation question.
Robert K Lapping
Kerley, Walsh, Matera & Cinquemani, P.C.
2174 Jackson Avenue
Seaford, New York, 11783
516 409 6200
rlapping@kerleywalsh.com
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To: list
*** Member’s Message **** Sender: Neil S. Kornfeld, Esq.
*** Member’s Message ****
Sender: Neil S. Kornfeld, Esq.
Date: 5/7/2026 8:15:43 PM
Hi: Is loss of chance a separate question on the verdict sheet? I have had the charge in multiple cases, but plaintiff has never asked for a separate question on the verdict sheet regarding loss of chance until now. Thank you!
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Neil S. Kornfeld, Esq.
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