Monahan v. Comenale

Memorandum: Plaintiff, a passenger in defendant’s motor boat, was injured when she fell forward as defendant was navigating through a wake created by a passing tour boat. The trial testimony established that defendant’s boat was traveling 10 miles per hour immediately prior to the accident, but the testimony was in conflict regarding whether defendant accelerated or decelerated as he drove his boat through the wake. The jury returned a verdict of no cause for action in favor of defendant and the trial court set aside the verdict as against the weight of the evidence (CPLR 4404 [a]). That was…