Hardy v. Berisha

Plaintiff appeals from a jury verdict in favor of the defendant. After a trial on his tort claim for damages arising from an automobile collision with the defendant, the jury found plaintiff 52% negligent and defendant 48% negligent, with the negligence of each a proximate cause of the accident. Under Vermont’s comparative negligence law, 12 V.S.A. § 1036, this verdict resulted in a zero damage award for plaintiff. Plaintiff moved for a new trial, which was denied by the court after hearing.

On appeal, plaintiff claims two errors: (1) that the court, in denying his motion for a new trial,…