Criteria for Judgment as a Matter of Law and Finding a Verdict to be Against the Weight of the Evidence Explained

In the context of a personal injury action, where the issue was whether plaintiff’s injury was “serious” within the meaning of Insurance Law 5102 (d), the Second Department explained the criteria for a judgment as a matter of law pursuant to CPLR 4401 and finding a verdict to be against the weight of the evidence.  The Second Department affirmed the denial of defendant’s post-verdict motions but found the damages awarded by the jury to be excessive:

” To be entitled to judgment as a matter of law pursuant to CPLR 4401, a defendant has the burden of showing that there is no rational process by which the jury could find in favor of the plaintiff and against the moving defendant'” … . In considering the motion for judgment as a matter of law, “the trial court must afford the party opposing the motion every inference which may properly be drawn from the facts presented, and the facts must be considered in a light most favorable to the nonmovant” … .  * * *

A jury verdict is contrary to the weight of the evidence when the evidence so preponderates in favor of the movant that the verdict could not have been reached on any fair interpretation of the evidence … . Where, as here, conflicting expert testimony is presented, the jury is entitled to accept one expert’s opinion, and reject that of another expert … . “Issues of credibility are for the jury, which had the opportunity to observe the witnesses and the evidence. Its resolution is entitled to deference” … . “[A] successful party is entitled to a presumption that the jury adopted a reasonable view of the evidence” … .  Cicola v County of Suffolk, 2014 NY Slip Op 06293, 2nd Dept 9-24-14