Lange v. Cusey

LEVINE, Justice.

Howard F. Cusey appeals from orders granting Dorothy M. Lange and Leslie E. Lange a new trial and rescinding a release. We affirm the order granting a new trial, modify the award of damages and reverse the rescission order.

This case arises from an automobile accident in which Cusey’s truck collided with the rear end of the car Dorothy Lange was driving. The Langes sued Cusey alleging that Dorothy’s injuries and Leslie’s loss of consortium were caused by Cusey’s negligence. Because the jury found Dorothy and Cusey equally negligent the Langes recovered none of the damages…