Martinez v. Wascom

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he was struck by a vehicle operated by defendant while riding a motorized scooter across West Main Street near the intersection of West Main Street and Reynolds Street in the City of Rochester. Following a bifurcated trial on liability, the jury found that defendant was negligent but that his negligence was not a proximate cause of the accident. Plaintiff made a post-trial motion for a new trial on liability, seeking to set aside the verdict as inconsistent and against the weight of the evidence.…