Lewis v. Scudieri

In an action by a passenger in a motor vehicle against its owner and operator to recover damages for personal injuries allegedly sustained as a result of the negligent operation of the motor vehicle, an affirmative defense was pleaded that the parties were coemployees, that the accident arose out of and in the course of their employment and that the action was barred by subdivision 6 of section 29 of the Workmen’s Compensation Law. The parties stipulated that the action be removed to the non jury calendar for a stated day and that a special trial be had to determine whether the Workmen’s…