Bondar v. Ar Jay Paint Co.

In this action brought to recover damages for personal injuries sustained in an automobile accident, the jury returned a verdict for plaintiff. Defendant appeals, contending that the complaint should have been dismissed for failure to prove a prima facie case of negligence. The only evidence concerning the accident consisted of testimony by plaintiff that at about 2:00 p.m., on June 5, 1956, she was seated in a car which was parked at the curb at 42nd Street between 5th and 6th Avenues, in the Borough of Manhattan. Suddenly she was jolted forward and her head struck the handle on the…