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ROBERT J. RENO, ET AL., RESPONDENTS, v. AMR SERVICE CORPORATION, APPELLANT, ET AL., DEFENDANT.

DECISION ORDER

ORDERED that the order is reversed, on the law and the facts, with costs, the motion is denied, and the verdict is reinstated.

The jury verdict in favor of the appellant was supported by legally sufficient evidence and therefore the trial court erred in directing that judgment be entered in favor of the plaintiffs and against it as a matter of law (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499). Further, the verdict was not against the weight of the evidence as it was based on a fair interpretation of the evidence. The driver of the appellant's vehicle, in which the injured plaintiff was a passenger, presented an adequate nonnegligent explanation for the rear-end collision with another vehicle (see, Torrillo v. Command Bus Co., 206 A.D.2d 520). While there was conflicting trial testimony regarding the manner in which the accident occurred, the jury's fact-finding determination is entitled to great deference and should not be disturbed (see, Torrillo v. Command Bus Co., supra).

In light of our determination, it is unnecessary to address the appellant's remaining contention.

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RENO v. AMR SERVICE CORPORATION
(Jul 26, 2000)