McDermott v. Coffee Beanery, Ltd.

Saxe, J. (concurring).

This case illustrates the confusion and difficulty that can arise when a trial court encroaches on the jury’s task of assessing the evidence and making findings of fact.

I agree with my colleagues that there was an ample evidentiary basis to support the jury’s finding in defendant’s favor on the issue of proximate cause, and that therefore the order setting aside the verdict and remanding for a new trial should be reversed. However, in addition to reversing the jury’s finding on causation, in one other respect the trial court improperly usurped the jury’s function and…