Burlingame v. Toal

—Judgment unanimously reversed on the law without costs and new trial granted. Memorandum: At the trial of this personal injury action, defendant admitted that his negligence caused the head-on collision between plaintiffs’ and defendant’s vehicles. The jury returned a verdict of no cause of action based on its finding that Eleanor Burlingame (plaintiff) did not sustain a serious injury as a result of the accident (see, Insurance Law § 5102 [d]). Supreme Court erred in denying plaintiffs’ request to submit to the jury a verdict sheet containing separate interrogatories with respect to the…