Kaminer v. John Hancock Mutual Insurance

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about September 11, 1992, which granted plaintiffs motion to set aside the jury verdict and ordered a new trial, unanimously affirmed, without costs.

Although the evidence at trial established that a defect in the floor existed where the 73-year old plaintiff fell and that her injury was substantial, painful and permanent, the jury *54found her 85% at fault and awarded her no damages for future pain and suffering.

We agree with the trial court that the only possible explanation for the jury’s apportionment of liability is…