Unanimously reversed, on the law and the facts, with costs to plaintiff and the action remanded for a new trial on the issue of damages only.
In this personal injury action, the 79-year-old plaintiff sues for personal injuries sustained in an accident in defendants' parking lot. After getting out of his vehicle at the direction of an employee of defendants, plaintiff was struck by his own vehicle when the employee started the vehicle intending to remove it from the...
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