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YOUNG v. GOULD

298 A.D.2d 287 (2002)

748 N.Y.S.2d 743

MICHELLE YOUNG, Respondent, v. ANNABELLE GOULD et al., Appellants.

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

Decided October 24, 2002.

The jury's finding that defendant driver's negligence was not a substantial factor in causing the accident could not have been reached on any fair interpretation of the evidence (see Revill v Boston Post Rd. Dev. Corp., 293 A.D.2d 138, 142, appeal dismissed 98 N.Y.2d 725). The defense was that the accident was unavoidable because the deer leapt out suddenly, leaving defendant with no opportunity...

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