Practice point: A jury’s 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 negligence and causality are so interwoven as to make it logically impossible to find one without the other. If the verdict can be reconciled with any reasonable view of the evidence, it will be presumed that the jury adopted that view.
Case: Jaffier v. Wilson, NY Slip Op 06802 (2d Dept. 2008)
The opinion is here.
