60 A.D.2d 866 | N.Y. App. Div. | 1978
In consolidated negligence actions to recover damages for personal injuries, etc., defendants Secofsky appeal from an interlocutory judgment of the Supreme Court, Nassau County, dated April 4, 1977, which, inter alia, is in favor of (1) plaintiffs Orens and against them and (2) defendants Martinez and Coviello Trucking Co. and against them, after a jury trial limited to the issue of liability only. Interlocutory judgment affirmed, with costs to respondents Martinez and Coviello Trucking Co. payable by appellants. In affirming we note that no exceptions were taken to the charge of the court, nor were any requests made as to the issues herein discussed. Indeed the parties, by their attorneys, stipulated to submit written interrogatories to the jury, which give rise to these remarks. The case involved a collision between two motor vehicles. One was proceeding south and the other, a truck, was preparing to turn left into the path of the oncoming vehicle. At the conclusion of its charge, the court submitted written interrogatories to the jury as to each driver defendant. In each instance, two questions were presented: "1. Was the defendant negligent? 2. Was his negligence the