Ziparo v. Garage

Judgment unanimously reversed, on the law and facts, with costs, and a new trial granted. Memorandum: We do not believe that the jury could have reached its verdict—that of a verdict of no cause for action against a 15-year-old bicyclist who was standing on the shoulder of the road when struck by a tractor trailer—upon any fair interpretation of the evidence (Mullen v Sibley, Lindsay & Curr Co., 71 AD2d 21). We thus conclude that the jury verdict in this case was against the weight of the credible evidence. The uncontradicted proof demonstrated that the driver of the tractor trailer on a…