Johnson v. Elliott

— Appeal from a judgment of the Supreme Court in favor of defendant, entered February 1, 1982 in Rensselaer County, upon a dismissal of the complaint by the court at Trial Term (Cholakis, J.), at the close of plaintiff’s case. Testimony disclosed that plaintiff was injured when the car she was driving experienced a brake failure as she attempted to avoid a collision with a deer. She lost control of the vehicle and it left the road, traveling some 168 feet before stopping. The vehicle belonged to defendant who had permitted one Jack Taylor to use it for work. He had been using it for this…