Legal Opinion

Trotter v. Johnson

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1994PublishedCited by 15 opinions

1Opinion of the Court

—Order unanimously reversed on the law without costs, motion granted and new trial granted. Memorandum: Supreme Court should have granted plaintiffs motion for a new trial. After summations and the court’s charge, a verdict sheet containing five questions was submitted to the jury. Question No. 2 of that verdict sheet asked, "Was Defendant’s [Thomas Johnson’s] negligence a proximate cause of the accident?” Question No. 5 asked, "What was the percentage of fault of the Defendant [Thomas Johnson], if any, and what was the percentage of fault of the Plaintiff, if any?” The court instructed the…

2Cases cited4 opinions

  1. McStocker v. KolmentAppellate Division of the Supreme Court of the State of New York · 1990
  2. Rodriguez v. BakerAppellate Division of the Supreme Court of the State of New York · 1983
  3. Wingate v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1983
  4. Koroluck v. Giordano's Service Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1970

3Cited by15 opinions

  1. Cortes v. EdooAppellate Division of the Supreme Court of the State of New York · 1996
  2. Kelly v. GreitzerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Palmer v. WaltersAppellate Division of the Supreme Court of the State of New York · 2006
  4. Roberts v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2000
  5. DePasquale v. Morbark Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

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