Holpp v. Carafa

In an action to recover damages for personal injuries sustained by respondent, a pedestrian, when she was struck by a motor vehicle which was owned and operated by appellant, the appeal is from an order granting respondent’s motion to set aside the verdict rendered by the jury in favor of appellant, and directing a new trial. Order reversed, with costs, motion denied, and verdict reinstated. By failing to move for a directed verdict, respondent conceded that there were questions of fact to be determined by the jury (Kluttz v. Citron, 2 N Y 2d 379, 382). The ease was submitted to the jury with…