(Download) "Bowden v. Bell" by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Bowden v. Bell
- Author : Court of Appeals of New York
- Release Date : January 16, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Plaintiffs decedent, Hubert Washington, commenced this negligence action for injuries received when he was struck by a car driven by defendant Michael Bell (hereinafter "defendant"). Prior to trial, Hubert Washington died, and Kimberly Washington Bowden, as personal representative of Hubert Washington, was substituted as the plaintiff. For purposes of this opinion, however, Hubert Washington will be referred to as "plaintiff." The trial court submitted to the jury issues of negligence, contributory negligence, and last clear chance. The jury found that defendant had the last clear chance to avoid the accident, and awarded plaintiff $35,000 in damages, and judgment was entered accordingly. Defendant moved for a new trial, or alternatively, for judgment notwithstanding the verdict. The trial court denied both motions. From the judgment and the order denying defendants motions, defendant appeals.