Maresca v. Lake Motors, Inc.
| Decision Date | 10 December 1969 |
| Docket Number | No. 2,2 |
| Parties | , 255 N.E.2d 562 Isabella MARESCA, as Administratrix etc., Plaintiff-Repspondent, v. LAKE MOTORS, INC., et al., Defendants-Appellants, and Suffolk Car Leasing Corp., Defendant-Respondent. ROLAND'S TRUCKING, INC. et al., Respondents, v. LAKE MOTORS, INC. et al., Appellants, and Suffolk Car Leasing Corp., Defendant Action |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 32 A.D.2d 533, 299 N.Y.S.2d 727.
Thomas Grimes, Brooklyn and John D. Kelly, Mineola, for appellants.
Mario Matthew Cuomo, Brooklyn and Edward J. Gunnigle, Port Jefferson, for Isabella Maresca, respondent.
Consolidated actions were brought by administratrix of estate of deceased milkman against driver of automobile which struck milk truck and owner of automobile and by dairy company and another against driver of automobile and owner of automobile for property damage.
The driver of the automobile testified that as he was in process of passing the milk truck, the rear of the milk truck skidded on slippery road into lane of traffic of driver of automobile and he lightly struck left rear of milk truck, and that milk truck then skidded and left highway across apron of gasoline station and turned over. The photographic evidence disclosed significant serious damage to the left front side of the milk truck which the driver of the automobile insisted was not touched by his automobile. There was blue paint on the left side of the truck, and the automobile driven by the driver of the automobile was blue.
The Supreme Court, Trial Term, Suffolk County, Bernard S. Meyer, J., 56 Misc.2d 655, 289 N.Y.S.2d 908, dismissed the complaint and held that evidence was insufficient to make a prima facie case where it would equally support inference that automobile skidded into lane of milk truck or inference that milk truck skidded into lane of automobile.
The Appellate Division, 32 A.D.2d 533, 299 N.Y.S.2d 727, entered an order April 7, 1969 which modified and, as modified, affirmed the judgment of the Trial Term. The modification consisted of reinstating the jury verdict in favor of the plaintiffs. The Appellate Division held that there was sufficient evidence of negligence of driver of automobile to make out a prima facie case and send the case to the jury.
Appeal was taken to the Court of Appeals. It was contended that if same proof supported inference that automobile ran into milk truck...
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