131 A.D.2d 660 | N.Y. App. Div. | 1987
In four consolidated negligence actions to recover damages for personal injuries, etc., Sol Kohl appeals from so much of an interlocutory judgment of the Supreme Court, Kings County (Dowd, J.), dated December 9, 1985, as, upon a jury verdict, found him to have proximately caused the accident and found him to be 60% at fault in the happening of the accident.
Ordered that the interlocutory judgment is reversed insofar as appealed from, on the law, with costs, and the complaints in action Nos. 1 and 4 are dismissed as against Sol Kohl.
Under the facts of this case, Sol Kohl was not negligent as a matter of law and the court should have granted judgment in his favor. Furthermore, it was reversible error for the court not to charge, as requested, that Kohl was not required to anticipate that an automobile going in the opposite direction would cross the median strip of the highway and enter the flow of traffic in the opposing direction (see, Meyer v Whisnant, 307 NY 369, 371, rearg denied 307 NY 911; Campbell v
In light of our disposition of this case, we do not consider Kohl’s allegations concerning errors made at the trial and considering the remainder of the trial court’s charge to the jury. Weinstein, J. P., Rubin, Kooper and Sullivan, JJ., concur.