In a personal injury action, defendants appealed an adverse interlocutory judgment, upon a jury verdict, on the issue of liability. The Second Department affirmed, in Coogan v. Torrisi, which was decided on January 15, 2008.

Defendants' contention that they were deprived of a fair trial because of the alleged prejudicial effect of testimony regarding alcoholic beverages at their home on the day of the accident was unpreserved for appellate review. The court opined that reversal would not be warranted anyway since defendants failed to establish that this limited testimony diverted the jurors' attention from the issues to be decided.

It was not error for the trial court to charge the jury that a defendant's violation of the Vehicle and Traffic Law was negligence per se, pursuant to Vehicle Traffic Law §§ 501[5][a], 509[3], 1129[a] and 1180[a]. The fact that this defendant's learner's permit required him to have a licensed adult driver supervising his actions when driving related directly to the actual operation of the vehicle. The statute sets a standard of care, and its unexcused violation is negligence per se.