RUDES v. WALRATH


85 A.D.2d 914 (1981)

Joanne M. Rudes, as Administratrix of The Estate of Lyle M. Rudes, Jr., Deceased, Respondent-Appellant, v. Raymond G. Walrath et al., Appellants, and Guy V. Marcinko, Doing Business as Marcinko Excavating & Demolition, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 23, 1981


Order reversed, on the facts, without costs, and verdict reinstated.

Memorandum:

The jury verdict was not against the weight of the evidence. The testimony established that the driver of the truck collided with the intestate's car because of a defect which prevented him from turning the steering wheel to the right. Moreover, since the steering defect had not manifested itself before, the jury could find that there was no negligence by the owner of the truck...

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