Anderson v. Krauss

—Judgment unanimously reversed on the law with costs and new trial granted. Memorandum: Defendant William Krauss testified that, shortly after 6:00 p.m. on December 24, 1986, he was driving his 1986 Toyota on Semton Boulevard in Franklin Square, New York, at a speed of about 20 miles per hour. It was raining and foggy and visibility was poor. He heard his vehicle strike something in the street. He stopped his vehicle to *1075investigate and discovered plaintiff Beatrice Anderson lying in the street. Krauss’ testimony was the sole evidence of the manner in which the accident occurred. That…