Opinion
Argued May 12, 2000
July 24, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Schmidt, J.), entered June 9, 1999, which, upon a jury verdict finding that the defendants McDonnell Douglas Truck Services, Inc., and Francis Ahee were not negligent, is in favor of those defendants and against him dismissing the complaint.
DeBlasio, Figman, Epstein LaRocca, P.C. (Alexander J. Wulwick, New York, N.Y., of counsel), for appellant.
Condon Forsyth, LLP, New York, N.Y. (Christopher Carlsen of counsel), and Anthony Fovallo, Atlanta, Ga., for respondents (one brief filed).
Before: GLORIA GOLDSTEIN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The plaintiff was traveling north across an intersection when he collided with a truck driven by the respondent Francis Ahee and owned by the respondent McDonnell Douglas Truck Services, Inc., which was traveling west through the same intersection. The jury found that those defendants were not negligent.
A jury verdict may not be overturned as against the weight of the evidence unless the verdict could not be reached upon any fair interpretation of the evidence (see, Galimberti v. Carrier Indus., 222 A.D.2d 649). Since Ahee had the right of way, the jury finding that the respondents were not negligent is based upon a fair interpretation of the evidence (see, Terrel v. Kissel, 116 A.D.2d 637).