Michelli v. Kern

Frank H. Kern appeals from an order granting Joseph M. Michelli a new trial in his action for personal *1048injuries sustained in an automobile collision. Following a jury-verdict and entry of judgment in favor of Kern, the trial court granted respondent’s motion for a new trial on the grounds of insufficiency of the evidence to justify the verdict and that the verdict was against the law. In so doing the court commented:

‘ ‘ The reasons therefor are that the evidence established that the proximate cause of the collision in this case was the conduct on the part of the defendant in suddenly moving…