Appellate Division of the Supreme Court of New York, 1983

Sowarby v. Dohrenwend

Sowarby v. Dohrenwend
Appellate Division of the Supreme Court of New York · Decided March 14, 1983
92 A.D.2d 890; 460 N.Y.S.2d 97; 1983 N.Y. App. Div. LEXIS 17280
Sowarby v. Dohrenwend

Opinion of the Court

— In a wrongful death action, plaintiff appeals from a judgment of the Supreme Court, Dutchess County (Quinn, J.), entered April 7, 1981, which dismissed the complaint, upon a jury verdict. Judgment affirmed, with costs. We reject plaintiff’s contentions that the driver was negligent as a matter of law or that the verdict in defendants’ favor was against the weight of the evidence. On this record, the question of whether the speed of the vehicle was reasonable and prudent under the circumstances (see Vehicle and Traffic Law, § 1180, subds [a], [e]) was a matter for the jury, and we are disinclined to overturn the verdict. Mollen, P. J., Lazer, Weinstein and Rubin, JJ., concur.

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