Mailler v. Mayer

Order unanimously reversed, with costs, and motion for a new trial granted. Memorandum: We do not believe that the jury could have reached its verdict of no cause for action in this personal injury action arising from a rear-end collision upon any fair interpretation of the evidence (see Ziparo v Hartwells Garage, 75 AD2d 997). The verdict, therefore, was against the weight of the credible evidence and there must be a new trial. Plaintiff, Floyd Mailler, was injured when the car he was driving was struck in the rear by a car owned by defendant, Donald Mayer, and operated by Karl Mayer. The…