Figliomeni v. Board of Education of the City School District

I dissent and vote to reverse and order a new trial on the issues of both negligence and damages.

Carried to its logical conclusion, an affirmance here is indicative of the elimination of the concept of compromise verdicts in all cases, save those in which liquidated damages and fixed sums which may be calculated are demanded.

Generally speaking, since a verdict must be the product of a deliberate exercise of the jurors’ judgments (Hamilton v Ow-ego Water Works, 22 App Div 573, 575, affd 163 NY 562), a verdict which is clearly the result of a compromise and unwarranted by the evidence will not…