A verdict finding negligence without proximate cause is not logically impossible if the jury is properly charged to distinguish between the two concepts.
In a negligence action, a jury found that a defendant was negligent but that his negligence was not the proximate cause of a pedestrian's injuries after the pedestrian walked into the side of the defendant's vehicle between parked cars. The trial court set aside the verdict as irreconcilable. The appellate court held that where the jury is properly charged to distinguish between negligence and proximate cause, a verdict finding negligence without proximate cause is not logically impossible if the evidence reasonably supports such a finding. The court determined that the jury could reasonably conclude that the defendant's negligence was not a substantial factor in causing the accident.
At page 527 Distinguishing negligence from proximate cause in accident cases55 citing cases“so inextricably interwoven as to make it logically impossible to find negligence without also finding proximate cause”
- Gibson v. Singh Towing, Inc., 155 A.D.3d 614 (N.Y. App. Div. 2d Dep't 2017).published“A jury finding that a party was negligent but that the negligence was not a proximate cause of the accident is inconsistent and [contrary to] the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it lo…
- Mancini v. Metro. Suburban Bus Auth., 150 A.D.3d 979 (N.Y. App. Div. 2d Dep't 2017).published“A jury finding that a party was negligent but that the negligence was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logicall…
- Vega v. Crane, 55 Misc. 3d 811 (N.Y. Sup. Ct. 2017).publishedThat means if it had such an effect in producing the accident that reasonable men or women would regard it as a cause of the accident.” (Rubin v Pecoraro, 141 AD2d 525, 527 [2d Dept 1988].) The injuries or the damages complained of must ha…
- Kearney v. Papish, 136 A.D.3d 690 (N.Y. App. Div. 2d Dep't 2016).publishedA jury’s finding that there was negligence, but that such negligence was not a proximate cause of the injury is inconsistent and, therefore, against the weight of the evidence “only when the issues are ‘so inextricably interwoven as to mak…
- Amorosi v. Hubbard, 124 A.D.3d 1354 (N.Y. App. Div. 4th Dep't 2015).published “A jury finding that a party was negligent but that such negligence was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logical…
- Wilson v. Philie, 107 A.D.3d 700 (N.Y. App. Div. 2d Dep't 2013).published However, it was also reasonable for the jury to conclude that such negligence was not a proximate cause of the accident (see Ward v Watson, 72 AD3d 808, 809 [2010]; Rubino v Scherrer, 68 AD3d 1090, 1092 [2009]; Price v Grant, 60 AD3d 746,…
- Brongo v. Town of Greece, 98 A.D.3d 1260 (N.Y. App. Div. 4th Dep't 2012).published Such a finding is inconsistent and against the weight of the evidence only when the issues are “so inextricably interwoven as to make it logically impossible to find negligence without also finding proximate cause” (Rubin v Pecoraro, 141 A…
- Desalvo v. Kreynin, 95 A.D.3d 819 (N.Y. App. Div. 2d Dep't 2012).publishedA jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached the verdict by any fair interpretation of the evidence (see Lolik v Big V Supermarkets, 86 NY2d 744 [1995]; Cohen v Hal…
- Stewart v. Marte, 91 A.D.3d 754 (N.Y. App. Div. 2d Dep't 2012).published“A jury’s finding that a party was at fault but that such fault was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are so inextricably interwoven as to make it logically im…
- Finnegan v. Peter & Liberators Fam. Ltd. P'ship, 90 A.D.3d 1676 (N.Y. App. Div. 4th Dep't 2011).publishedA jury verdict finding that a defendant was negligent but that such negligence was not a proximate cause of the plaintiffs injury is not inherently inconsistent (see Waild v Boulos [appeal No. 2], 2 AD3d 1284 , 1285 [2003], lv denied 2 NY3…
Show 42 more citing cases
- Swavely, William G. v. Zhou, 86 A.D.3d 947 (N.Y. App. Div. 4th Dep't 2011).publishedIn finding that defendant was negligent, the jury presumably credited the testimony of plaintiffs expert on that issue and, here, “the issues of negligence and proximate cause were so inextricably interwoven as to make it logically impossi…
- Bonomo v. City of New York, 78 A.D.3d 1094 (N.Y. App. Div. 2d Dep't 2010).publishedA “jury’s finding that a party was at fault but that that fault was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logically i…
- McConnell v. Santana, 77 A.D.3d 635 (N.Y. App. Div. 2d Dep't 2010).published“A jury’s finding that a party was at fault but that such fault was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are so inextricably interwoven as to make it logically im…
- Doubrovinskaya v. Dembitzer, 77 A.D.3d 609 (N.Y. App. Div. 2d Dep't 2010).publishedA fair interpretation of the evidence supports the conclusion that the sole proximate cause of the accident was the plaintiff’s failure to signal her intended movement or to ascertain whether the desired lane change could be made with safe…
- Alli v. Lucas, 72 A.D.3d 994 (N.Y. App. Div. 2d Dep't 2010).published“A jury finding that a party was negligent but that the negligence was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logicall…
- Jankauskas v. Sandberg, 71 A.D.3d 1090 (N.Y. App. Div. 2d Dep't 2010).publishedA jury finding that a party was negligent, but that the negligence was not a proximate cause of the accident, is inconsistent and contrary to the weight of the evidence only when the issues are “so inextricably interwoven as to make it log…
- Amaral v. Reph, 70 A.D.3d 613 (N.Y. App. Div. 2d Dep't 2010).published“A jury finding that a party was negligent but that the negligence was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logicall…
- Kontomichalos v. Cnty. of Nassau, 69 A.D.3d 811 (N.Y. App. Div. 2d Dep't 2010).published“A jury’s finding that a party was at fault but that [such] fault was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logically…
- Butler v. New York City Transit Auth., 67 A.D.3d 620 (N.Y. App. Div. 2d Dep't 2009).published “A jury’s finding that a party was at fault but that [such] fault was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logically…
- Zhagui v. Gilbo, 63 A.D.3d 919 (N.Y. App. Div. 2d Dep't 2009).published A jury finding that a party was negligent but that the negligence was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are “so inextricably interwoven as to make it logically…
- Ferreira v. Wyckoff Heights Med. Ctr., 24 Misc. 3d 91 (N.Y. App. Term. 2009).publishedWhere a jury returns a verdict that a party is negligent, but that the party’s negligence is not a proximate cause of the injuries at issue, reversal is warranted on the grounds that the verdict is inconsistent and against the weight of th…
- Mata v. Huntington Union Free Sch. Dist., 57 A.D.3d 738 (N.Y. App. Div. 2d Dep't 2008).publishedMoreover, a “jury’s finding that a party was at fault but that that fault was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it l…
- Winter v. Stewart's Shops Corp., 55 A.D.3d 1075 (N.Y. App. Div. 3d Dep't 2008).publishedDefendant contends that the verdict—specifically the finding that plaintiff was negligent but that her negligence was not a substantial factor in causing her to slip and fall—was inherently inconsistent and against the weight of the eviden…
- Jaffier v. Wilson, 54 A.D.3d 725 (N.Y. App. Div. 2d Dep't 2008).publishedThe finding of a jury that a party was negligent but that the negligence was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are “so inextricably interwoven as to make it lo…
- Martin v. Clark, 47 A.D.3d 981 (N.Y. App. Div. 3d Dep't 2008).publishedFailing to conclude that “the issues are ‘so inextricably interwoven as to make it logically impossible to find negligence without also finding proximate cause’ ” (id., quoting Rubin v Pecoraro, 141 AD2d 525, 527 [1988]; accord Ruso v Osow…
- Rivera v. MTA Long Island Bus, 45 A.D.3d 557 (N.Y. App. Div. 2d Dep't 2007).published“A jury’s finding that a party was at fault but that that fault was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logically i…
- McCulley v. Sandwick, 43 A.D.3d 624 (N.Y. App. Div. 3d Dep't 2007).publishedUnder the circumstances herein, we conclude that defendant’s negligence in operating his vehicle was not “ ‘so inextricably interwoven as to make it logically impossible to find negligence without also finding proximate cause’ ” (Schaefer…
- Rodriguez v. Budget Rent-A-Car Sys., Inc., 44 A.D.3d 216 (N.Y. App. Div. 1st Dep't 2007).published(despite “some negligence” on defendant’s part, plaintiff who crossed street from between parked cars, without looking, and walked into side of defendant’s automobile, was sole proximate cause of the accident)
- Hollamon v. Vinson, 38 A.D.3d 1159 (N.Y. App. Div. 4th Dep't 2007).published“A jury finding that a party was negligent but that such negligence was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logical…
- Abre v. Sherman, 36 A.D.3d 725 (N.Y. App. Div. 2d Dep't 2007).published“A jury’s finding that a party was at fault but that that fault was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logically i…
- Ahr v. Karolewski, 32 A.D.3d 805 (N.Y. App. Div. 2d Dep't 2006).published“A jury’s finding that a party was at fault but that [such] fault was not a proximate cause of the [plaintiffs injuries] is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make…
- Won Sok Kim v. New York City Transit Auth., 29 A.D.3d 984 (N.Y. App. Div. 2d Dep't 2006).published“A jury’s finding that a party was at fault but that that fault was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logically i…
- Saldana v. Sarlo, 8 Misc. 3d 21 (N.Y. App. Term. 2005).published“A jury finding that a party was negligent but that such negligence was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logical…
- Almestica v. Colon, 12 A.D.3d 627 (N.Y. App. Div. 2d Dep't 2004).published“A jury’s finding that a party was at fault but that that fault was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logically i…
- Ruscillo-Steiner v. City of New York, 11 A.D.3d 597 (N.Y. App. Div. 2d Dep't 2004).published“A jury finding that a party was negligent but that such negligence was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logical…
- Villani v. Beamer, 11 A.D.3d 918 (N.Y. App. Div. 4th Dep't 2004).publishedThe issues of negligence and proximate cause in this case were not so “inextricably interwoven” as to render it logically impossible and thus inconsistent for the jury to have found negligence without also finding proximate cause (Loder v…
- Skowronski v. Mordino, 4 A.D.3d 782 (N.Y. App. Div. 4th Dep't 2004).published“A jury finding that a party was negligent but that such negligence was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logical…
- Waild v. Boulos, 2 A.D.3d 1284 (N.Y. App. Div. 4th Dep't 2003).published
- El-Shafaie v. Verma, 2 A.D.3d 394 (N.Y. App. Div. 2d Dep't 2003).published
- Cantave v. City of New York, 2 A.D.3d 477 (N.Y. App. Div. 2d Dep't 2003).published
- Muff v. Lallave Transp., Inc., 3 A.D.3d 693 (N.Y. App. Div. 3d Dep't 2004).published
- DeLuca v. Bensonhurst Grocery, 303 A.D.2d 541 (N.Y. App. Div. 2d Dep't 2003).published
- Skibinski v. Army, 307 A.D.2d 427 (N.Y. App. Div. 3d Dep't 2003).published
- Saladino & Saladino v. Am. Airlines, 500 F. App'x 69 (2d Cir. 2012).unpublished
- Saladino v. Am. Airlines, No. 11-754(L) (2d Cir. Nov. 19, 2012).unpublished
- Bacchetta, Louis M. v. Town of Greece, No. CA 07-00015 (N.Y. App. Div. 4th Dep't Sept. 28, 2012).published
- Finnegan, Tammy v. Peter, Sr. & Mary L. Liberatore, No. CA 11-01194 (N.Y. App. Div. 4th Dep't Dec. 30, 2011).published
- Stancati v. Gunzburg, 2018 NY Slip Op 2180 (N.Y. App. Div. 2d Dep't 2018).published
- Lewis v. Metroplex Long Island Corp., 290 A.D.2d 421 (N.Y. App. Div. 2d Dep't 2002).published
- Cona v. Dwyer, 292 A.D.2d 562 (N.Y. App. Div. 2d Dep't 2002).published
- Morgan-Caban v. Pacini, 295 A.D.2d 931 (N.Y. App. Div. 4th Dep't 2002).published
- Reese v. New York City Bd. of Educ., 297 A.D.2d 793 (N.Y. App. Div. 2d Dep't 2002).published
At page 526 Reconciling jury verdicts on negligence and proximate cause16 citing cases“further, 'where the verdict can be reconciled with a reasonable view of the evidence, the successful party is entitled to the presumption that the jury adopted that view”
- Coma v. City of New York, 97 A.D.3d 715 (N.Y. App. Div. 2012).published The issues of negligence and proximate cause were not inextricably interwoven, and the jury could have reasonably concluded that while the defendant negligently failed to repair the subject sidewalk defect, the accident was caused solely b…
- Finnegan v. Peter & Liberators Fam. Ltd. P'ship, 90 A.D.3d 1676 (N.Y. App. Div. 4th Dep't 2011).publishedA jury verdict finding that a defendant was negligent but that such negligence was not a proximate cause of the plaintiffs injury is not inherently inconsistent (see Waild v Boulos [appeal No. 2], 2 AD3d 1284 , 1285 [2003], lv denied 2 NY3…
- Fisk v. City of New York, 74 A.D.3d 658 (N.Y. App. Div. 1st Dep't 2010).publishedA defendant may act negligently without that negligence constituting a proximate cause of the accident [injuries].” (Ohdan v City of New York, 268 AD2d 86, 89 [2000], lv denied 95 NY2d 769 [2000], appeal dismissed 95 NY2d 885 [2000].) And,…
- Casella v. City of New York, 69 A.D.3d 549 (N.Y. App. Div. 2d Dep't 2010).publishedWhere the verdict can be reconciled with a reasonable view of the evidence, the successful party is entitled to the presumption that the jury adopted that view (see Rubin v Pecoraro, 141 AD2d 525, 526 [1988]).
- Doubrovinskaya v. Dembitzer, 20 Misc. 3d 440 (N.Y. Sup. Ct. 2008).published(See PJI 1:60.) In what may be the only opinion to address this anomaly, the Second Department held that, notwithstanding that the trial court “submitted written interrogatories to the jury separately inquiring as to negligence and proxima…
- Velasquez v. New York City Transit Auth., 37 A.D.3d 707 (N.Y. App. Div. 2d Dep't 2007).publishedSimon, was negligent in the operation of his vehicle, that negligence was not a proximate cause of the accident and the plaintiffs injuries (see Almestica v Colon, 12 AD3d 627 [2004]; Rubin v Pecoraro, 141 AD2d 525, 526-527 [1988]).
- Llewellyn v. Maurice W. Pomfrey & Assocs., Ltd., 16 A.D.3d 1162 (N.Y. App. Div. 4th Dep't 2005).publishedIndeed, the record establishes that, throughout the trial, defendants acquiesced in plaintiff’s position that the “Stock Interest” paragraph constitutes an enforceable agreement (see Schwartz v Cross Bay Excavators, 192 AD2d 593, 594 [1993…
- Murphy v. Holzinger, 6 A.D.3d 1072 (N.Y. App. Div. 4th Dep't 2004).publishedAlso, contrary to the court’s determination, the jury’s findings cannot be reconciled on the basis of the testimony of Ruggles’ examining physician who acknowledged that, at the very least, being struck by the pole caused plaintiff to suff…
- Murdock v. Stewart's Ice Cream Co., 5 A.D.3d 1100 (N.Y. App. Div. 4th Dep't 2004).publishedThe instructions given to the jury establish “the legal standard by which the sufficiency of the evidence to support the verdict must be judged” (Harris v Armstrong, 64 NY2d 700, 702 [1984]; see Rosas v Ishack, 219 AD2d 633, 634 [1995]; Ru…
- Waild v. Boulos, 2 A.D.3d 1284 (N.Y. App. Div. 4th Dep't 2003).published
Show 5 more citing cases
- Goldstein v. Snyder, 3 A.D.3d 332 (N.Y. App. Div. 1st Dep't 2004).published
- Sukhoo v. City of New York, 1 A.D.2d 349 (N.Y. App. Div. 2d Dep't 2003).published
- Kovit v. Est. of Hallums, 261 A.D.2d 442 (N.Y. App. Div. 2d Dep't 1999).published
- Lockhart v. Adirondack Transit Lines, Inc., 305 A.D.2d 766 (N.Y. App. Div. 3d Dep't 2003).published
- Wing Shung Lam v. Chung-Ko Cheng, 196 Misc. 2d 538 (N.Y. App. Term. 2003).published
529 N.Y.S.2d at 143 “so inextricably interwoven as to make it logically impossible to find negligence without also finding proximate cause”1 citing case
- Yondola v. Trabulsy, 2004 NY Slip Op 50789(U) (N.Y. Sup. Ct., Richmond Cty. 2004).unpublished“so inextricably interwoven as to make it logically impossible to find negligence without also finding proximate cause”
v.
Salvatore Pecoraro, and Joseph Balutis
In a negligence action to recover damages for personal injuries, etc., the defendant Joseph Balutis appeals from an order of the Supreme Court, Kings County (Vinick, J.), dated June 8, 1987, which, after a trial on the issue of liability only, granted the plaintiffs’ motion to set aside a verdict in his favor and granted a new trial.
Ordered that the order is reversed, on the law and the facts,[*526] with costs, the verdict in favor of the defendant Balutis is reinstated, and the matter is remitted to the Supreme Court, Kings County, for entry of an appropriate judgment.
On November 28, 1984, in the early afternoon, the plaintiff Isidore Rubin was walking on Broadway in the Borough of Brooklyn when he attempted to cross that street some distance from its intersection with Havemeyer Street. The defendant Joseph Balutis, accompanied by his wife, was driving his motor vehicle in an easterly direction on Broadway when the car came in contact with the plaintiff Isidore Rubin, causing him to fall and sustain personal injuries. At trial, the injured plaintiff testified that although he had looked both ways before he crossed, he did not see the appellant’s car before impact "because the car was in a speed”. The appellant driver and his wife both testified that the injured plaintiff came from between parked cars, and, without looking in the direction of the appellant’s car, walked into the right passenger door and fell to the ground. The Trial Judge charged the jury regarding the respective duties of the appellant and the injured plaintiff and submitted to the jury the law as set forth in Vehicle and Traffic Law §§ 1152 and 1154 and New York City Traffic Regulations §§ 52A and 52C. There was no exception to the charge. Without objection, the court submitted written interrogatories to the jury separately inquiring as to negligence and proximate cause with regard to the appellant and the injured plaintiff. The charge on the law and the makeup of the written interrogatories constitute the law of this case (see, Freidus v Eisenberg, 71 NY2d 981; Martin v City of Cohoes, 37 NY2d 162, 165). The jury found that the appellant was negligent but also found that his negligence was not a proximate cause of the accident. The court determined that this verdict was "hopelessly irreconcilable, and logically impossible”, set it aside and granted a new trial. We disagree.
A contention that a verdict is inconsistent and irreconcilable must be reviewed in the context of the court’s charge (Lundgren v McColgin, 96 AD2d 706). Further, "[wjhere the verdict can be reconciled with a reasonable view of the evidence, the successful party is entitled to the presumption that the jury adopted that view” (Koopersmith v General Motors Corp., 63 AD2d 1013, 1014, lv denied 46 NY2d 705).
In this case, the jury could reasonably have found that the injured plaintiff attempted to cross the street between parked cars and, without looking, walked into the right side of the appellant’s car. Further, the jury could reasonably have found that although the appellant was negligent in the operation of[*527] the vehicle under the broad duties and obligations of a driver, as charged by the court, that negligence was not a proximate cause of the accident. In this regard, we note that the jury was properly charged as to the meaning of proximate cause, as follows: "An act or omission is a proximate cause of an accident if it was a substantial factor in bringing about the accident. That means if it had such an effect in producing the accident that reasonable men or women would regard it as a cause of the accident”.
A reasonable view of the evidence in this case can fairly support the jurors’ verdict in that they could have decided that although the appellant was negligent as to speed, control, looking or not sounding a horn, that negligence was not a substantial factor in causing this occurrence. In a somewhat analogous situation, we stated in Maze v DiBartolo (130 AD2d 720, 721), as follows: "In the case at bar, the jury could reasonably have found that although the appellants and the other defendants were negligent, only the appellants’ negligence was a proximate cause of the plaintiff’s injuries (see, Fitzsimmons v Wilder Mfg. Co., 53 AD2d 743). Such an interpretation would be consistent with the court’s charge which distinguished between negligence and proximate cause and permitted a finding of fault of from 0% to 100%”.
In Bucich v City of New York (111 AD2d 646), á case cited by the trial court to support its decision to set aside the verdict, involving a trip and fall over a defective condition, the issues of negligence and proximate cause were so inextricably interwoven as to make it logically impossible to find negligence without also finding proximate cause.
In sum, from a fair interpretation of the evidence, the jury could reasonably have concluded that notwithstanding some negligence on the part of the appellant in the operation of the motor vehicle, the sole proximate cause of this accident was the conduct of the injured plaintiff in crossing, not at the corner, but between parked cars, without looking, and walking into the side of the appellant’s vehicle. In making this determination, we can properly consider the injured plaintiff’s actions, not on the issue of comparative negligence, but on the totality of the proof in the jury’s evaluation of the issue of proximate cause.
We have considered the plaintiffs’ other contentions, including their assertion that the verdict was against the weight of the evidence, and conclude that they are without merit.
Accordingly, the verdict in favor of the appellant on the[*528] issue of liability should be reinstated. Bracken, J. P., Brown, Lawrence and Spatt, JJ., concur.