Joyce v. Estate of Boyer

— Judgment and order unanimously reversed, on the facts, and new trial granted solely on the issue of liability, with costs to appellants to abide the event. Memorandum: Defendants appeal from judgments awarded against them in a wrongful death and a property damage action. The verdicts rest on findings implicit in them that defendant’s driver was negligent in pulling out from the shoulder on to the right-hand lane of a highway, which had three lanes for traffic traveling south, in front of plaintiffs’ south-bound tractor-trailer, and that plaintiff Morey’s decedent was not negligent in…