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MARTINEZ v. EXPLO INC.

224 A.D.2d 302 (1996)

638 N.Y.S.2d 434

Angel Martinez, Respondent-Appellant, v. Explo Incorporated et al., Appellants-Respondents

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

February 20, 1996

We find that from the evidence herein that it was against the weight of the evidence for the jury to conclude that plaintiff was only 40% responsible for the personal injuries he sustained while crossing in the middle of a major highway and that the van driver was 60% liable (Cohen v Hallmark Cards, 45 N.Y.2d 493, 498). From the circumstances present, we determine that the van driver should have been chargeable with only 20% of the...

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