The New York Appellate Division, First Department, reversed the trial court’s increase change in the percentage of the plaintiff’s comparative fault and almost $1.8M increase to the damages awarded to the plaintiff by a jury following trial. The jury previously found the plaintiff’s comparative fault was greater than our client and found the plaintiff's damages totaled $125,000, rejecting the plaintiff’s contention that, besides a broken elbow, she injured her back which required back surgery as the result of the pedestrian/auto accident. We appealed the grant of the post-trial motion to the New York Appellate Division, First Department. The First Department unanimously reversed the trial judge's post-trial order, reinstating the jury's verdict.
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