Joyce v. Estate of Boyer

Judgment and order unanimously affirmed, without costs. Memorandum: This is a wrongful death action involving a rear-end collision between two tractor trailers on Interstate Highway 81 north of Syracuse. Plaintiff’s intestate seeks to recover upon the theory that the accident was caused when decedent Boyer pulled his vehicle onto the highway from the shoulder directly into the path of the vehicle which *1068plaintiff’s intestate was driving. A jury trial was held in Supreme Court, Livingston County, and a verdict in plaintiff’s favor was returned. The court, however, set the verdict aside pursuant…