Grisoff v. Nicoletta

— Judgment unanimously reversed, on the *1048law, with costs, and a new trial granted. Memorandum: Following a one-day trial, the jury returned a verdict of no cause of action and the court entered judgment dismissing the personal injury action of Gregory Grisoff and the derivative action of his wife. Plaintiffs appeal, arguing that errors in the court’s charge, in particular its failure to instruct the jury regarding principles of comparative negligence, deprived them of a fair trial. We agree. The court’s failure to instruct the jury on principles of comparative negligence was a fundamental…