Gardiner v. Wertheimer

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Richmond County (Cusick, J.), dated November 12, 1997, which, upon a jury verdict, is in favor of the defendants and against him, dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiff was injured in an automobile accident, when the defendant Julie Ann Wertheimer, who was intoxicated, ran a stop sign and “sideswiped” his vehicle. Subsequent to the accident and unrelated to the accident, the plaintiff, a New York City Police Officer with the…