Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

STEPHEN STALIKAS, JR. AND HEIDI STALIKAS, Appellants, v. UNITED MATERIALS, L.L.C., ET AL. Defendants, AND MICHAEL DEAKIN, Respondent. (APPEAL NO. 1) STEPHEN STALIKAS, JR. AND HEIDI STALIKAS, Appellants,

MEMORANDUM:

The orders of the Appellate Division should be affirmed, with costs.

In this action seeking damages for injuries plaintiff suffered in a five-car chain reaction accident, the Appellate Division properly determined that any error by Supreme Court in refusing to charge this jury pursuant to PJI3d 2:26 was harmless. Here, the only statute allegedly violated was Vehicle and Traffic Law § 1129(a), which requires that drivers "not follow another vehicle more closely than is reasonable and prudent" under the circumstances. The jury found defendants not negligent under a reasonable and prudent standard as charged by Supreme Court (see CPLR 2001; 2002).

Further, sufficient proof was adduced at trial from which a reasonable jury could infer that defendants were not negligent. Because sufficient evidence in the record exists to support the verdict in defendants' favor, the Appellate Division did not err in declining to disturb it.

On review of submissions pursuant to section 500.4 of the Rules, orders affirmed, with costs, in a memorandum.

Use AI to get other relevant cases.

Comments

STALIKAS v. UNITED MATERIALS
(Oct 23, 2003)