Gobaira v Castillo

[*1] Gobaira v Castillo 2005 NY Slip Op 50068(U) Decided on January 20, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 20, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
2003-1288 K C

ROBERT GOBAIRA, Respondent,

against

PATRICIA L. CASTILLO and JOSE CASTILLO, Appellants.

Appeal by defendants from a post-trial order of the Civil Court, Kings County (D. Silber, J.), dated July 11, 2003, which, after a trial on the issue of liability only, granted plaintiff's motion to set aside a verdict in defendants' favor and directed a verdict in favor of plaintiff.

Order unanimously reversed without costs, plaintiff's motion to set aside the verdict denied, verdict in favor of defendants reinstated, and matter remitted to the court below for entry of an appropriate judgment.

The defendants' testimony indicated that an unknown vehicle cut in front of their vehicle from their left, forcing defendant driver to move to the right while applying the brakes, thereby causing the right front section of defendants' automobile to strike the plaintiff's double parked vehicle. It should be noted that although under the holding in Kuci v Manhattan and Bronx Surface Operating Auth. (88 NY2d 923 [1996]) it may well have been error for the court to deny defendants' request for an emergency doctrine charge, in any event, the jury could have properly concluded that defendant driver acted in a reasonable prudent manner under the circumstances and, thus, was not negligent. Accordingly, the trial court erred in granting plaintiff's motion to set aside the verdict in favor of defendants and directing a judgment in favor of plaintiff.
Decision Date: January 20, 2005