Licker v. Brangan

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Lama, J.), dated November 3, 1989, which granted the plaintiffs’ motion to set aside a jury verdict in the defendant’s favor as against the weight of the evidence and granted a new trial on the issue of liability.

Ordered that the order is affirmed, with costs.

After the liability phase of the trial, the jury found that although the defendant was negligent, that negligence was not the proximate cause of the collision, and returned a verdict in his favor.

A Trial Judge…