Practice point: The standard for determining if a jury verdict is contrary to the weight of the evidence is whether the evidence so favors the unsuccessful party that it could not have been reached on any fair interpretation.
Students should note that if the verdict can be reconciled with a reasonable interpretation of the evidence, the successful party is entitled to the presumption that the jury adopted that view.
Case: Courbertier v. Academy Bus, LLC, NY Slip Op 06289 (2d Dept. 2010)
Here is the opinion.
Monday's issue: Motion practice.
