Wednesday, April 18, 2007

What is the proper standard for undoing a jury verdict in a medical malpractice action?

"It must be concluded that the evidence so preponderated in favor of the movant that the verdict could not have been reached on any fair interpretation of the evidence," according to the Second Department, in Scudera v. Mahbubur, decided on April 10, 2007. Here, the court found that defendant's medical experts were plainly outdueled on the issue of nerve damage resulting from plaintiff's herniated disc, and, the defense verdict notwithstanding, ordered a new trial.