Fink v. Baer

After verdict for plaintiff defendant appeals from the order denying his alternative motion for judgment or a new trial.

Plaintiff at the time of the accident was a passenger in defendant’s sedan driven by himself. He stopped in front of plaintiff’s home to permit her to alight. Instead of putting his gears into neutral, he left them in low speed with the clutch disengaged. Plaintiff had been riding in the rear seat. Defendant, in turning to open the door or keep it open while she alighted, in some way inadvertently released the clutch pedal, thereby permitting the gears to engage and the car…