Setting aside a jury verdict.

Practice point: For a reviewing court to determine that a jury's verdict is not supported by legally sufficient evidence, it must conclude that there is no valid line of reasoning and permissible inferences by which the jury could have rationally reached its verdict on the basis of the evidence presented at trial. In addition, a 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.

Student note: Whether the verdict should be set aside does not involve a question of law, but rather requires a discretionary balancing of many factors. It is for the jury to make determinations as to the credibility of the witnesses, and great deference is accorded to the jury, which had the opportunity to see and hear the witnesses.

Case: Geary v. Church of St. Thomas Aquinas, NY Slip Op 06011 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: A court’s oversight of discovery.