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HINKLE v. TREJO

6155, 100908/07.

89 A.D.3d 631 (2011)

934 N.Y.S.2d 12

2011 NY Slip Op 8636

ELIZABETH HINKLE, Appellant, v. JONATHAN R. TREJO et al., Respondents.

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

Decided November 29, 2011.

The jury's finding that defendant driver was not negligent in striking plaintiff pedestrian was based upon a fair interpretation of the evidence (see McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [2004]). The jury clearly credited the driver's testimony that he had looked towards the curb immediately before the accident and had not seen anyone in his path, which determination is entitled to deference (see Haiyan Lu v Spinelli...

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