[DOWNLOAD] "Margaret T. Walsh Et Al. v. Katharine v. Morris" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Margaret T. Walsh Et Al. v. Katharine v. Morris
- Author : Supreme Court of New York
- Release Date : January 06, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Cross appeals from an order of the Supreme Court at Special Term (Ford, J.), entered October 20, 1980 in Franklin County, which, inter alia, set aside a jury verdict in favor of plaintiffs Walsh against defendant Cathy M. Walsh, and in favor of defendant Katharine V. Morris against plaintiffs, and directed a new trial in the interest of justice. The facts underlying this matter arose from an auto accident occurring on June 23, 1977 involving vehicles operated by defendants Cathy M. Walsh and Katharine V. Morris. Plaintiffs Margaret Walsh and Robert Walsh were passengers in the vehicle driven by defendant Cathy M. Walsh, their daughter. The Walsh vehicle was struck in the rear by defendant Morris car as it slowed to a stop in anticipation of making a left turn into a motel complex driveway on Route 86. As a result of the collision, plaintiff Margaret Walsh sustained serious and permanent injuries leaving her a quadriplegic. The jury returned a verdict of $100,000 on behalf of Margaret Walsh and $400,000 on behalf of plaintiff Robert Walsh on his derivative cause of action solely against defendant Cathy Walsh. The jury found no cause for action against defendant Katharine Morris. In setting aside the verdict, the Justice presiding stated that the verdict of no cause of action on behalf of defendant Morris was contrary to the weight of evidence and that the verdict rendered in favor of Margaret Walsh was inadequate. The court then ordered a new trial on all issues raised by the parties in the interest of justice. On this appeal, plaintiffs seek reversal of (1) the order of the court granting a new trial, (2) the denial of their motion for reinstatement of the verdict of Robert Walsh against Cathy Walsh, and (3) the denial of their motion to grant a new trial solely on the question of the damages sustained by Margaret Walsh. Defendant Morris appeals the setting aside of the verdict in her favor of no cause for action. Defendant Cathy Walsh appeals (1) the denial of her motion to dismiss plaintiffs complaints and defendant Morris counterclaim against her, and (2) the denial of her motion for an order directing judgment against Morris as a matter of law. The standard of appellate review when analyzing a Trial Judges decision to set aside a jury verdict is one of liberality in recognition of the fact that only the Judge below has the opportunity to see, hear and weigh the testimony of witnesses and, equally as important, because the independence of mind of the Trial Judge "is ingredient to the sound health of the judicial process" (Micallef v Miehle Co., Div. of Miehle-Goss Dexter, 39 N.Y.2d 376, 381; [88 A.D.2d 673 Page 674]