Verdicts and Verdict Sheets
Author | Edward L. Birnbaum/Carl T. Grasso/Ariel E. Belen |
Pages | 449-494 |
VERDICTS,
VERDICT SHEETS
33-1
CHAPTER 33
VERDICTS AND VERDICT SHEETS
I. TYPES OF VERDICTS
A. General Points
§33:01 Form of Verdict
§33:02 General Verdict Defined
§33:03 Special Verdicts Defined
§33:04 General Verdict With Interrogatories Defined
§33:05 Type of Verdict Is Within Court’s Discretion
§33:06 Objections to Form of Verdict
B. Special Verdicts
§33:20 Benefit of Special Verdicts
§33:21 Separability
§33:22 Applicable to Parties Only
§33:23 Ask All Necessary Questions
§33:24 Be Sufficiently Specific
§33:25 Do Not Be too Detailed or Ask too Many Questions
§33:26 Avoid Potential Ambiguities
§33:27 Verdict Interrogatories Must Correctly State the Law
§33:28 Verdict Interrogatories Must Be Based on Claims Supported by Evidence
§33:29 Verdict Interrogatories Must Be Consistent with Prior Rulings
C. General Verdict With Interrogatories
§33:30 Inconsistencies
§33:31 Other Complications
II. WHEN SPECIAL VERDICTS [OR GENERAL VERDICT WITH INTERROGATORIES] SHOULD BE USED
§33:40 Situations Requiring Special Verdicts
§33:41 Multiple Theories of Liability
§33:42 Inconsistent Theories of Liability
§33:43 Apportionment of Fault
§33:44 Third Parties
III. VERDICT SHEET
A. General Points
§33:50 Contents
§33:51 Itemized Verdicts for Damages
§33:52 Objecting to the Verdict Sheet
B. Preparation of Verdict Sheet
§33:60 Verdict Sheet Forms
§33:61 Avoid Confusing or Ambiguously-Worded Questions
VERDICTS,
VERDICT SHEETS
New York Trial Notebook 33-2
§33:62 Word Questions to Permit Yes or No or Numerical Answers
§33:63 Number and Order of Questions
§33:64 Questions Must Be Evenhanded
§33:65 Account for All Parties
§33:65.1 Account for All Non-Party Tortfeasors
§33:66 Account for All Theories
§33:67 Seat Belt Use
§33:68 “Serious Injury”
C. Court’s Instructions on How to Answer Verdict Sheet
§33:80 Propriety of Verdict Sheet Determined in Conjunction With Charge
§33:81 Instructions as to Which Questions to Answer
§33:82 Jury Must Adhere to Instructions on Sheet
D. Damages
§33:90 Itemization
§33:91 “Serious Injury”
§33:92 Forms
§33:93 Order of Questions
§33:94 No Double Recovery
§33:95 All Items Must Be Accounted For
§33:96 Collateral Sources
§33:97 Wrongful Death
IV. INCONSISTENT VERDICTS
§33:100 General Rule
§33:101 What Constitutes an Inconsistency?
§33:102 Preserving the Record
§33:103 Multiple Consistent Theories
§33:104 Multiple Inconsistent Theories
§33:105 Negligence but No Proximate Cause
§33:105.1 Defect but No Negligence
§33:106 Negligence and Foreseeability
§33:107 Apportioning Liability
§33:108 Vicarious Liability
§33:109 Third Party Liability
§33:110 Punitive Damages
§33:111 Inconsistent Damages
§33:112 Loss of Consortium
§33:113 Joint Trials
§33:114 Informed Consent in Medical Malpractice Cases
VERDICTS,
VERDICT SHEETS
33-3 Verdicts and Verdict Sheets §33:05
I. TYPES OF VERDICTS
A. General Points
§33:01 Form of Verdict
A verdict deciding liability may take one of three forms:
• General verdict.
• Special verdicts.
• General verdict with interrogatories.
[CPLR 4111 (a)-(c).]
§33:02 General Verdict Defined
verdict merges all matters of law and fact together, however numerous, and cannot be broken up into its constituent
parts. [Schabe v. Hampton Bays Union Free School District, 103 AD2d 418, 425, 480 NYS2d 328, 334 (2d Dept
1984).] In very simple cases, a general verdict may be all that is needed. [See, e.g., Lukas v. Trump, 281 AD2d 400,
See §33:40 .]
§33:03 Special Verdicts Defined
outcome of the trial based on those answers and enter judgment for the appropriate parties. Accordingly, the jury
jury’s answers to the special verdicts.
to the outcome of the case over which there is a legitimate dispute. [See, e.g., Banque Indosuez v. Sopwith Hold-
ings Corp., 257 AD2d 519, 684 NYS2d 531 (1st Dept 1999) (special verdicts that asked whether there were any
Simone v. McNamara, 59 AD3d 349, 873 NYS2d 621 (1st Dept 2009) (the trial court within
the gravel courtyard/parking area, as the court felt that this would help the jury focus on the foreseeability and
reasonableness elements that followed in the next interrogatory).]
§33:04 General Verdict With Interrogatories Defined
as to return a general verdict. A general verdict with interrogatories is in essence a combination of the general
and special verdicts. A general verdict with interrogatories is not favored due to the potential for inconsistencies
between the interrogatory answers and the general verdict. [See §33:100 .]
§33:05 Type of Verdict Is Within Court’s Discretion
Whether to submit a general or special verdict to the jury is within the discretion of the trial judge. [Johnson
v. Artkraft Strauss Sign Corp., 45 AD2d 482, 359 NYS2d 773 (1st Dept 1974).] However, it may be an abuse of
discretion to submit a case on a general verdict when a general verdict would hide errors in the jury’s application
not appropriate, see §33:40.] The propriety of special interrogatories is examined within the context of the court’s
charge, and is within the court’s discretion. [Simone v. McNamara, 59 AD3d 349, 873 NYS2d 621 (1st Dept 2009).]
To continue reading
Request your trial