Canfield v. Giles

I respectfully dissent. Supreme Court abused its discretion in denying plaintiffs’ motion to set aside the jury verdict of no cause of action. In this case the preponderance of evidence in favor of plaintiffs was so great that the jury could not have reached its determination upon any fair interpretation of the evidence (see, Crumb v Fallon, 156 AD2d 949). Here, defendant acknowledged that from the time she left work, she was aware that the roads were covered with snow and were slippery. She acknowledged further that there was no change in the road or weather conditions. Before the accident,…