Brostoff v. Maida

F ollowing a jury trial, judgment was entered in favor of defendants in a suit for damages for personal injuries sustained in a two-car collision. On appeal plaintiffs contend: (1) the verdict is against the manifest weight of the evidence, (2) the trial court erred in denying their motion for a directed verdict and judgment n.o.v., and (3) the trial court erred in instructing the jury.

At trial the following pertinent facts were adduced.

For the plaintiff:

Michael Brostoff

He drove the car in which plaintiffs were riding when this accident occurred. At about 1 p.m. on October 29, 1968, he was in…