Phelan v. Santelli

Plaintiff, Joan Phelan, 10-year-old daughter of Hugh Phelan (who commenced this action on her behalf, as next friend), sustained injuries when an automobile operated by her 17-year-old brother, Tim Phelan, and in which she was riding as a guest passenger, collided with a vehicle operated by defendant, Paul Santelli. In response to special interrogatories submitted by plaintiff, the jury answered that the negligence of defendant, if any, was not a proximate cause of plaintiff’s injuries, that plaintiff was free of contributory negligence, and thereupon returned a consistent verdict for…