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December 2024 Court Increases Award But Does Not Set Aside Jury Verdict on Apportioning Liability New York is a comparative negligence jurisdiction, which means that liability can be apportioned between the parties to the extent that each is at fault. In this motor vehicle accident, the jury rendered a verdict finding that both plaintiff and defendants were negligent. The split for liability was 50-50. The court did consent, through written stipulation to increase the amount of damages for past pain and suffering from the principal sum of $53,625 to the principal sum of $200,000. However, it not allow motion pursuant to CPLR 4404(a) to set aside the jury verdict on determining liability 50% - 50%. In the court's words, “A jury’s determination with respect to awards for past and future pain and suffering will not be set aside unless the award deviates materially from what would be reasonable compensation” (Garcia v CPS 1 Realty, LP, 164 AD3d 656, 658; see CPLR 5501[c], see Petit v. Archer, 218 AD3d 695, 696). More details - Supreme Court of the State of New York, Appellate Division: Second Judicial Department - 2022-02481.