Appellate Court Affirms Denial of New Trial, Finds Mockler Instruction Proper in Wet Roadway Collision Case

On appeal, the Superior Court of New Jersey, Appellate Division affirmed a trial court’s order denying the plaintiff’s motion for a new trial, finding that the trial court did not err in providing a Mockler instruction to the jury in this vehicular collision negligence case. 

The plaintiff brought a negligence claim after the defendant’s car skidded into the plaintiff’s car on the New Jersey Turnpike amid heavy traffic and rain. Both parties testified that the impact was minimal and drove away after the incident because there was not much damage and no immediate noticeable injuries. 

During trial, the court gave the Mockler jury instruction, and the jury returned a no cause verdict in favor of the defendant. The plaintiff appealed, arguing that the trial court erred in charging the jury with a Mockler instruction because it was not applicable to the facts of the case. 

The appellate court rejected the plaintiff’s argument because there was ample evidence in the record that the roadway was wet at the time of the collision. 

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