Personal Injury – Motor Vehicle Accident (2012)
Our client was injured when struck by a car operated by the defendant. After a trial, the jury concluded that the defendant was negligent in operating her motor vehicle, but that her negligence was not the cause of the accident. We filed a motion to set aside the verdict because it was contrary to the evidence in the case. The judge granted our motion, set aside the verdict, and directed a new trial. The defendant appealed.
The Appellate Division, Second Department agreed that it was “logically impossible to find negligence without also finding proximate cause,” and upheld the judge’s decision to grant a new trial. The case later settled on terms favorable to our client.