Pagano v. McClammy

The dispositive issue presented is whether the trial judge erred in denying plaintiffs’ motion for a directed verdict on liability at the close of all the proofs. Because we find the trial judge erred in not directing a verdict for plaintiffs, we will not discuss or pass upon other issues raised.

This appeal results from the second jury trial on liability in this auto negligence case. The first trial ended in a verdict of no cause for action in favor of defendant. The verdict was set aside and a new trial granted by the trial judge in the “interest of justice.” At the second trial, now on…