Dillon v. Kaminsky

Goldstein, J.,

dissents and votes to reverse the judgment, on the law and as a matter of discretion, and to grant a new trial on the issue of liability, with the following memorandum in which Miller, J., concurs. The plaintiff in the instant case was a passenger in a vehicle driven by Charles H. Roll. Roll stated, “I must have fallen asleep at the wheel, I believe, and I lost control of the car”. However, the plaintiff testified at the trial and in prior statements that Roll swerved to avoid another car.

According to one of the plaintiff’s experts, the vehicle struck debris that had been left…