Poli v. Castleberry

— In a negligence action to recover damages for wrongful death, defendant appeals from a judgment of the Supreme Court, Suffolk County, entered January 3, 1973, in favor of plaintiff upon a jury verdict. Judgment reversed, on the law, and new trial granted in the interests of justice, with costs to' abide the event. The deceased was struck and killed by defendant’s automobile while he was walking across a four-lane roadway. Over exception by counsel for defendant the doctrine of last clear chance was submitted to the jury. The verdict in plaintiff's favor was rendered upon that theory, the…