Wednesday, December 16, 2015

A plaintiff's negligence and proximate cause.

Practice point:  The Appellate Division affirmed the jury verdict that, while the plaintiff was negligent, her negligence was not a proximate cause of her injury. The Appellate Division found that  the issues were not so inextricably interwoven as to make it logically impossible to find negligence but not proximate cause.

Student note:  The defendant's argument that the jury verdict was inconsistent was not raised before the jury was discharged, and therefore was unpreserved for appellate review.

Case: Blechman v. New York City Tr. Auth., NY Slip Op 09173 (1st Dept. 2015)

Here is the decision.

Tomorrow's issue:  A police accident report and summary judgment.