Augustine v. Dandrea

I respectfully dissent. I disagree that Supreme Court properly granted plaintiffs motion to set aside the verdict as against the weight of the evidence.

Melissa A. Dandrea (defendant) testified that she did not see plaintiff but, that immediately before hearing a thud, she saw a blue recycling box in front of her vehicle, the bottom of which was approximately at the level of the hood of her vehicle. Defendant testified that the position of the box indicated that it was being carried. Plaintiff testified that he had dumped the recycling box, placed it on the grass and was standing on the grass…