New York Court of Appeals

David E. Wartels v. County Asphalt, Inc.

January 12, 197229 N.Y.2d 372

Summary

The New York Court of Appeals reversed the Appellate Division, reinstating the jury verdict for the plaintiff and holding that the jury could reasonably infer the plaintiff's freedom from contributory negligence despite his amnesia, applying the Noseworthy rule as extended in Schechter. The court found the trial judge erred in setting aside the verdict.