Summary
This Appellate Division decision affirms the Supreme Court's denial of the plaintiff's motion pursuant to CPLR 4404(a) to set aside a jury verdict in favor of the defendant in a personal injury action. The court held that the record did not support overturning the jury's credibility determination regarding conflicting testimonies about a shopping trolley collision, nor did it find that defense counsel's remarks deprived the plaintiff of a fair trial. Consequently, the judgment in favor of the defendant is affirmed with costs.
Topics
Practice areas
Questions Presented
- Whether the trial court abused its discretion in denying the plaintiff's CPLR 4404(a) motion to set aside the jury verdict as contrary to the weight of the evidence or in the interest of justice.
Holdings
- The appellate court affirmed the trial court's denial, holding that the evidence did not preponderate against the jury's finding and that the alleged attorney comments were not prejudicial enough to warrant a new trial.
Key quotations
“The Court may not disregard a jury verdict as against the weight of the evidence unless 'the evidence so preponderate[d] in favor of the [moving party] that [it] could not have been reached on any fair interpretation of the evidence.'” (107)
“It is for the jury to make determinations as to the credibility of the witnesses, and great deference in this regard is accorded to the jury, which had the opportunity to see and hear the witnesses.” (638)
Factual background
The plaintiff was injured when her shopping trolley was struck by a power jack driven by the defendant's employee, Benjamin Selg, at a Restaurant Depot store. The plaintiff testified that Selg drove the jack fast around a corner and hit her trolley; Selg testified that he stopped, asked her to move the trolley, and the trolley moved back into the aisle, causing the collision. The jury found the defendant not negligent.
Procedural history
The plaintiff filed a personal injury action arising from a collision between her shopping trolley and a power jack operated by the defendant's employee. At trial, only the plaintiff and the employee testified. The jury returned a verdict for the defendant. The plaintiff moved under CPLR 4404(a) to set aside the verdict as contrary to the weight of the evidence and for a new trial; the trial court denied the motion. The plaintiff appealed.