SOWELL v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION


16 A.D.3d 282 (2005)

791 N.Y.S.2d 413

EZEKIEL SOWELL, Appellant, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 24, 2005.


While plaintiff and a friendly witness were the only persons to testify at trial, it does not necessarily follow that the verdict in defendant's favor was against the weight of the evidence, where neither witness's testimony gave any indication of the manner in which the offending vehicle was negligent. In addition, plaintiff's testimony concerning the effect of the impact on his balance was impeached on cross-examination. Plaintiff's challenge to the jury interrogatories...

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