Harris v. Moyer

Judgment unanimously reversed on the law without costs, motion granted and new trial granted on damages for loss of consortium only unless defendant, within 20 days of service of a copy of the order of this Court with notice of entry, stipulates to increase the verdict to $15,000 for loss of consortium, in which event the judgment is modified accordingly and as modified affirmed without costs in accordance with the following Memorandum: Clara R. Harris (plaintiff) was injured when the truck driven by her husband (decedent) in which she was a passenger collided with a vehicle driven by defendant. There was conflicting evidence at trial whether defendant stopped at the intersection as he left a shopping plaza. There was also conflicting evidence whether decedent had activated his right turn signal and was driving with his right wheels on the shoulder as he approached the shopping plaza, indicating his intention to turn into the parking area. Decedent died two years after the accident of unrelated causes.