Scherm v. Town of Hempstead

In a negligence action to recover damages for personal injuries sustained by plaintiff Lillian Scherm and for her coplaintiff husband’s medical expenses and loss of consortium, plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered February 8, 1973, in favor of defendant, upon the trial court’s dismissal of the complaint at the close of plaintiffs’ case at a jury trial on the issue of liability only. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. Plaintiffs’ proof established that in…