Dorshkind

This litigation started as a suit for personal injuries and property damage brought by plaintiff David Dorshkind against defendants Harry N. Koff Agency, Inc., a corporation, and Ida Koff, after a vehicle driven by Dorshkind collided in an intersection with a vehicle owned by the Koff Agency and driven by Ida Koff, on June 18, 1973. Defendants Ida Koff and the Koff Agency cross-complained, claiming personal injuries to Ida and property damage to the Koff Agency vehicle.

Both plaintiff and defendants were subsequently sued by Joyce Becker, who had been a passenger in the Koff vehicle and had sustained injuries as a result of the collision. These two actions were initially consolidated for trial.

Prior to trial, however, the actions were severed, and the Dorshkind-Koff action proceeded to trial. Trial of the Dorshkind-Koff action was by jury. Plaintiff Dorshkind was awarded a verdict for $4,240.43; defendants and cross-complainants Ida Koff and the Koff Agency received a jury verdict against cross-defendant Dorshkind in the sum of $334.05. Defendants and cross-complainants Ida Koff and the Koff Agency have appealed.

A major point urged on appeal by the Koffs is that the…