Madhere v. Gottfrey

OPINION OF THE COURT

William Ritholtz, J.

In this action for negligence, the sole issue is whether, under CPLR 4106, the court must order that the first alternate juror replace a discharged regular juror in a bifurcated action after trial on liability only.

The case arises due to personal injuries allegedly suffered in an automobile collision at an intersection controlled by traffic lights. Each party contended that the other failed to stop at a red light. After trial on the issue of liability the jury returned a verdict finding defendant 62% negligent and plaintiff 38% negligent. Prior to…