Torongo v. Miriani

Plaintiffs appeal a jury verdict of no cause of action. Plaintiffs Hector Torongo and Elizabeth Torongo instituted suit for injuries sustained by Hector when the defendants’ ice cream truck backed into him. As General Accident Fire and Life Assurance Corporation had made workmen’s compensation payments to Hector it was al lowed to intervene. For the balance of this opinion “plaintiff” refers only to Hector Torongo.

The accident occurred at the “Mr. Softee” plant on June 30, 1962, where defendant had gone to purchase supplies. When he got into his truck to leave the plant the engine would not…