Jury's Finding That Negligent Driver Didn't Contribute to Car Accident Is Tossed on Appeal

Case: Aikens-Hobson v. Bruno

Court: Supreme Court, Appellate Division, Second Department, New York

Date: 7/18/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident attorney)

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Facts: A Brooklyn judge let some defendant drivers out of a car accident case at trial. A Brooklyn jury then let the other defendant driver out of the car accident case. As to that one driver, the jury found negligence, but that the driver's negligence didn't cause the car crash.

Held: The trial judge was correct in dismissing certain drivers from the lawsuit as there was no evidence showing that they were negligent. But the jury's finding that a negligent driver didn't contribute to the accident can't stand. A new trial is ordered as to this defendant-driver.

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