Penn v. Kirsh

Judgment, Supreme Court, Bronx County, entered on April 12, 1972, upon a jury verdict in plaintiff’s favor on the issue of liability, unanimously reversed, on the law, and vacated, and a new trial directed, with costs and disbursements to abide the event. The exclusion of the police report constituted reversible error. In this action for personal injuries, essentially plaintiff testified that he was cut off by the defendant, whereas the defendant and his two passengers testified that they were fully stopped when plaintiff’s motorcycle struck their ear in the rear. An offer of proof for the…