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EVA WELLS v. DOROTHY SINNING ET AL. (01/13/69)

SUPREME COURT OF NEW YORK, TRIAL TERM, QUEENS COUNTY 1969.NY.40094 <http://www.versuslaw.com>; 310 N.Y.S.2d 594; 63 Misc. 2d 20 January 13, 1969 EVA WELLS, AS ADMINISTRATRIX OF THE ESTATE OF LEROY WELLS, DECEASED, PLAINTIFF,v.DOROTHY SINNING ET AL., DEFENDANTS Segal & Segal (Murray M. Segal of counsel ), for plaintiff. James J. McDonald for Dorothy Sinning and another, defendants. George M. Onken for Long Island Rail Road Company, defendant. John Walcer for Dorothy Sinning and another, plaintiffs in Action No. 2. Harold J. Crawford, J. Author: Crawford


Harold J. Crawford, J.

Author: Crawford

 This is an action by plaintiff Eva Wells, as administratrix of the estate of her deceased husband Leroy Wells, for conscious pain and suffering, medical expenses, and wrongful death.

The decedent was a pedestrian in the vicinity at Glen Street, Glen Cove, Nassau County, when he was apparently struck by an automobile owned by the defendant, Dorothy Sinning, and operated by the defendant, Edward Sinning, which was in a collision with a train owned by the defendant, the Long Island Rail Road Company. The accident occurred at 2:15 a.m. on February 16, 1964 and the said Leroy Wells received very serious and very extensive injuries. He was unconscious when he was removed to Community Hospital in Glen Cove, where he died on February 24, 1964.

The plaintiff brought her action in this court in July, 1964 against the Long Island Rail Road Company and against Edward Sinning, the driver of the automobile and against Dorothy Sinning, the absentee owner of the automobile.

The Long Island Rail Road Company on June 17, 1964 brought an action against both Edward Sinning and Dorothy Sinning in First District Court, Nassau County, for damage to its personal property.

The defendants, Edward Sinning, Jr., and Dorothy Sinning, on August 19, 1964 brought an action in this court against the Long Island Rail Road Company for personal injuries and for property damage. This action was transferred to the New York City Civil Court, Queens County, on December 16, 1966.

Thereafter, and on March 29, 1967, an order of consolidation of this court removed the action that was pending in the Civil Court, Queens County, wherein Edward Sinning, Jr., and Dorothy Sinning were plaintiffs and the Long Island Rail Road Company the defendant, and also removed the action then pending in the Nassau County District Court, First District, wherein the Long Island Rail Road Company was the plaintiff and Edward and Dorothy Sinning were defendants.

After a seven-day trial, the jury returned a verdict as follows:

1) In favor of the plaintiff and against Sinning and the Long Island Rail Road Company;

2) In favor of Dorothy Sinning against the Long Island Rail Road Company in the sum of $375 for property damages to her automobile; ) In favor of the Long Island Rail Road Company against the defendants Sinning in the sum of $600.14 for property damage to its equipment.

Immediately after the verdict by the jury, the plaintiff moved to sever the action of the Long Island Rail Road Company against Sinning and the defendant the Long Island Rail Road Company moved to set aside the over-all verdict. Decision was reserved on both motions.

The defendant the Long Island Rail Road Company brings this motion pursuant to CPLR 4404 (subd. [a]) for an order "vacating and setting aside the verdict of the jury entered in the record herein on October 31st, 1968, as contrary to the weight of the evidence and to the interests of justice, and as excessive in amount, and directing judgment dismissing the complaints of Eva Wells and Dorothy and Edward Sinning against The Long Island Rail Road Company, and granting judgment against Dorothy and Edward Sinning in favor of The Long Island Rail Road Company".

The defendants, Dorothy Sinning and Edward Sinning, as plaintiffs in their action against the Long Island Rail Road Company, bring this cross motion pursuant to CPLR 4404 (subd. [a]), for an "Order vacating and setting aside the verdict of the jury entered in the record herein on October 31, 1968, as contrary to the weight of the evidence and to the interests of justice, and for a new trial for plaintiff Edward Sinning".

The defendants, Dorothy Sinning and Edward Sinning, as defendants in the action, Eva Wells against Dorothy Sinning and Edward Sinning and also as defendants in the action, the Long Island Rail Road Company against Edward Sinning and Dorothy Sinning, also cross-move for an order "vacating and setting aside the verdict of the jury entered in the record herein on October 31st, 1968, as contrary to the weight of the evidence and to the interests of justice, and as excessive in amount, and directing ...


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