Fizette v. Kuhn

— Judgment unanimously reversed on the law without costs and new trial granted. Memorandum: Upon our review of the record, we conclude that the jury’s determination that defendant Julie Kuhn was negligent is supported by the evidence. The jury’s determination that defendant’s negligence was not a proximate cause of the accident, however, is against the weight of the evidence. The evidence establishes that defendant Kuhn was operating her vehicle on an icy road in such a manner as to be unable to avoid hitting another vehicle stopped in the road as a result of a prior accident. Although the…