Pellicano v. Lee

In a negligence action to recover damages for personal injuries and property damage arising out of an automobile accident, plaintiffs appeal from a judgment of the Supreme Court, Dutchess County (Dachenhausen, J.), dated May 4, 1981, which was in favor of the defendants, upon a jury verdict. Judgment reversed, on the facts, and new trial granted, with costs to abide the event. On August 4, 1977, at about 9:30 a.m., the plaintiff driver (hereinafter plaintiff), accompanied by his wife and two children, was transporting a die base to a customer some 40 miles away in his station wagon on the…