Caciopoli v. Acampora

The defendant appeals from the judgment of the trial court setting aside a jury verdict in his favor. On appeal, the defendant asserts that the trial court improperly (1) set aside the verdict in favor of the defendant on determining that a special defense should not have been submitted to the jury as a matter of law, and (2) overturned the jury’s finding of comparative negligence and ruled that there was no evidence that the plaintiff’s conduct contributed in any manner to his injuries, where the defendant introduced substantial evidence in support of the special defense that the plaintiff…