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ATKINSON v. SAFETY KLEEN CORP.

240 A.D.2d 1003 (1997)

659 N.Y.S.2d 132

Wendy Atkinson, Respondent, v. Safety Kleen Corporation, Defendant and Third-Party Plaintiff-Appellant. Beltrone Construction Company, Inc., Third-Party Defendant-Respondent

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

June 26, 1997

White, J.

After defendant rested in the trial of this automobile negligence action, Supreme Court directed a verdict in plaintiff's favor on the issue of liability and dismissed the third-party complaint. The jury then proceeded to award plaintiff $175,000 in damages. Defendant appeals, claiming that Supreme Court should have submitted the liability issues to the jury.

A trial court should not usurp...

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