Roberts v. Hall

I respectfully dissent, for while I agree with the majority that the record justifies concluding that defendant Jason Hall was negligent, that does not foreclose a finding that defendant Nancy Paone was also at fault. That Paone may have also been negligent can be inferred from the deposition of a nonparty eyewitness, who averred that the collision occurred immediately after Paone abruptly stopped her car; this evidence could support a finding that she, too, failed to use due care in operating her vehicle, and that her negligence, as well as Hall’s, contributed to the happening of *847the…