DeJoseph v. Faraone

QUILLEN, Judge.

Plaintiff sued for personal injuries suffered when the automobile in which he was riding as a passenger left the road and collided with a tree, allegedly due to the negligence of defendant’s decedent, who was driving the vehicle. Defendant denied all allegations of negligence. The plaintiff has no memory at all respecting any arrangement he may have had with the deceased whether by way of payment or by way of conferring some other benefit.

At a pretrial conference, it became apparent that the parties disagreed on the question of whether the plaintiff or the defendant had the…