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When a Party Does Not Object to Errors in a Verdict Sheet, the Jury Charge Becomes the Law Applicable to the Case—Only “Fundamental” Errors Will Be Reviewed on Appeal (No Fundamental Error Here)—“Fundamental Error” In this Context Briefly Defined

The First Department explained its review powers with respect to errors in a verdict sheet that were not preserved by objection:

The record reflects that the jury charge correctly advised that loss of enjoyment of life was a component of pain and suffering … . Defendant argues that the verdict sheet was inconsistent with this instruction. However, defendant concedes that it failed to object to the verdict sheet. Thus, defendant failed to preserve the issue of the error in the verdict sheet for review by this Court … .

Where a party fails to object to errors in a verdict sheet, the charge becomes the law applicable to the determination of the case, and on appeal, this Court will review only if the error was “fundamental” … . We find that the alleged conflict between the jury charge and the verdict sheet was not fundamental since it did not confuse or create doubt as to the principle of law to be applied, or improperly shift fault, such that the “jury was prevented from fairly considering the issues at trial” … . Grace v NYC Tr Auth, 2014 NY Slip Op 08362, 1st Dept 12-2-14

 

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