Zullo v. Zullo

The plaintiff had a $20,000 verdict in a negligence case. The defendant appealed from the denial of his motion to set aside the verdict and from the judgment. The jury reasonably could have found the following facts: Defendant and plaintiff are husband and wife. They were not getting along well. On Friday nights the plaintiff liked to go bowling with her girl friends. The defendant wanted the plaintiff to go out will, him on the Friday night in question although she had been at home alone every other night of the week. She went out in a friend's car. The defendant saw her and insisted that she go with him although she did not want to. He then drove her to an inn just over the New York state line. He was ""hollering"" at her all the way about her girl friends and she was crying. They spent the evening at the inn. Both had more or less to drink. Neither was drunk when they left shortly after midnight. Some young fellows who left the inn at the same time offered to drive the defendant's car and urged him to let his wife drive, but he said that it was his car and that he was going to drive it himself. After traveling a few miles at excessive speed, the defendant's