Dawes v. Ballard

In a negligence action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Orange County (Owen, J.), dated June 16, 1988, which, upon a jury verdict finding them 60% at fault and the plaintiff 40% at fault, and finding that the plaintiff had suffered damages in the amount of $145,000, is in favor of the plaintiff and against them in the principal sum of $87,000.

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

The record reveals that the plaintiff, a police officer, responded to the defendants’…