Brooklyn Jury's "Logically Impossible Verdict" Set Aside By Appellate Court-Trial Judge Admonished

On November 11, 2019 an appellate court directed that an injured bus passenger be given a new trial on her personal injury claim because a defense verdict awarded to the NYC Transit Authority was an absurd result. Basically, the jury found that the bus driver negligently discharged his passenger at a location 2-3 car length's beyond a designated stop. A disinterested eye witness corroborated plaintiff's testimony that she stepped out of the bus into "a very large and deep pothole" and began screaming in pain. The emergency room record confirmed this account received from the plaintiff shortly after the accident and not a single witness contested this version of events. However, while the jury found the bus driver negligent-it found that the negligence was NOT a substantial factor in causing the accident.

The appellate court set aside this verdict and held that the plaintiff should be given a new trial because: "it is logically impossible under the circumstances to find that such negligence was not a substantial factor in causing the accident." The appellate court also noted that it was inappropriate for the trial judge to make derogatory comments about plaintiff's description of her accident in the presence of the jury, such as: "that's kind of physically impossible--well we'll hear from the bus driver". These comments are inappropriate because it sends a message to the jury that the Judge finds the plaintiff unworthy of belief. Evans v NYC Transit Authority, Sup Ct, Kings County, Index No. 15934/2010

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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