Vitello v. J&J Trucking Co.

Appellate Division of the Supreme Court of New York

Vitello v. J&J Trucking Co.

82 A.D.2d 828, 439 N.Y.S.2d 426, 1981 N.Y. App. Div. LEXIS 14497

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 8, 1981

StatusPublished

This text of 82 A.D.2d 828 (Vitello v. J&J Trucking Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vitello v. J&J Trucking Co., 82 A.D.2d 828, 439 N.Y.S.2d 426, 1981 N.Y. App. Div. LEXIS 14497 (N.Y. Ct. App. 1981).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Velsor, J.), entered May 1, 1980, which is in favor of defendants and against them, upon a jury verdict. Judgment reversed, and action remanded for a new trial on the issues of negligence and damages, with costs to abide the event. In our opinion, the record does not support the jury’s determination that the defendants were entirely free of negligence when defendant Bonacum swung onto Route 110 from the Southern State Parkway after passing another vehicle which was either waiting to enter Route 110 or was in the process of doing so. Bonacum’s testimony that he looked southward on Route 110 and saw no oncoming vehicles — or did not remember — is scarcely believeable. Indeed, the record so preponderates in favor of the view that there was some negligence on the part of the said defendant that we find it necessary to reverse and order a new trial on the issues of liability and damages. At such trial it will not be necessary for the “threshold” no-fault issue to be retried since the jury satisfactorily disposed of that question. Damiani, J.P., Laser, Mangano and Weinstein, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Velsor, J.), entered May 1, 1980, which is in favor of defendants and against them, upon a jury verdict. Judgment reversed, and action remanded for a new trial on the issues of negligence and damages, with costs to abide the event. In our opinion, the record does not support the jury’s determination that the defendants were entirely free of negligence when defendant Bonacum swung onto Route 110 from the Southern State Parkway after passing another vehicle which was either waiting to enter Route 110 or was in the process of doing so. Bonacum’s testimony that he looked southward on Route 110 and saw no oncoming vehicles — or did not remember — is scarcely believeable. Indeed, the record so preponderates in favor of the view that there was some negligence on the part of the said defendant that we find it necessary to reverse and order a new trial on the issues of liability and damages. At such trial it will not be necessary for the “threshold” no-fault issue to be retried since the jury satisfactorily disposed of that question. Damiani, J.P., Laser, Mangano and Weinstein, JJ., concur.

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Bluebook (online)

82 A.D.2d 828, 439 N.Y.S.2d 426, 1981 N.Y. App. Div. LEXIS 14497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vitello-v-jj-trucking-co-nyappdiv-1981.