(Download) "Ann M. Carino v. Angelo Marino" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Ann M. Carino v. Angelo Marino
- Author : Supreme Court of New York
- Release Date : January 11, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Determination of the Appellate Term reversing the judgment of the Civil Court, entered after the verdict of the jury in favor of the defendant, unanimously reversed, on the law and on the facts, with $50 costs and disbursements to the defendant-appellant, and the judgment of the Civil Court is reinstated. The accident, out of which this action arose, occurred when the defendant-appellant, while driving an automobile, made a left turn and struck a street divider. The plaintiff was a passenger in that car. Defendant claims that he struck the divider in order to avoid a collision with an oncoming car, and further maintains that he was properly in the intersection and had the right-of-way in making the left turn. The plaintiff on the other hand testified that the accident occurred because of the defendant's negligence and states she did not see any car approaching defendant as he was making his left turn. However, when she was confronted with a statement that she made to her doctor to the effect that the accident occurred when defendant tried to avoid a collision with another car, she admitted making the statement but she tried to explain it away. On these facts it would certainly appear that a question of fact was presented and that it was within the province of the jury to determine whether, in the circumstances, defendant was or was not negligent. The jury verdict being in favor of the defendant it ""may not be set aside unless it plainly appears that the evidence so preponderates in favor of the plaintiff that the verdict for the defendant could not have been reached on any fair interpretation of the evidence."" (Marton v. McCasland, 16 A.D.2d 781, 782.) We cannot say that this case presents such a situation. The Appellate Term in reversing stated that the trial court's