Pitt v Rosenblatt

Holding The court affirmed the denial of judgment as a matter of law but reversed the denial of a motion to set aside the verdict as against the weight of the evidence. The jury’s answers were irreconcilably inconsistent because they found no sudden medical emergency occurred while simultaneously finding the driver was not negligent.

The court’s words

Where, as here, the jury verdict 'is irreconcilably inconsistent, that verdict must be set aside as contrary to the weight of the evidence'

2026 NY Slip Op 05200, at the official text

there is no preservation requirement for weight of the evidence review

2026 NY Slip Op 05200, at the official text

it was irreconcilably inconsistent for the jury to answer "No" when asked whether the decedent "experience[d] a sudden, unforeseen medical emergency such as a seizure prior to the accident of January 30, 2012, and was his operation of the vehicle reasonable under the circumstances," while also responding "No" when asked whether the decedent was "negligent in the operation of the vehicle."

2026 NY Slip Op 05200, at the official text