Everhardt v. Klotzbach

Appeal from a judgment of Supreme Court, Erie County (Kane, J.H.O.), entered October 9, 2001, which apportioned 80% of liability to defendant Marilyn E. Intengan.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Elizabeth A. Everhardt (plaintiff) when the vehicle that she was driving was rear-ended while stopped at an intersection for a red light. Plaintiff testified at the bifurcated trial on liability that her vehicle was struck twice by a…