Hollamon v. Vinson

Gorski, J.E, and Green, J. (dissenting).

We respectfully dissent. In our view Supreme Court erred in denying plaintiffs motion to set aside the verdict as inconsistent and against the weight of the evidence and in failing to grant a new trial on the issue of proximate cause. Based upon the evidence presented at trial, the jury’s “finding of negligence cannot be reconciled with the jury’s finding of no proximate cause” (Murphy v Holzinger, 6 AD3d 1072, 1072-1073 [2004]). Evidence that plaintiff may have been interacting with people on the street and interrupting the smooth flow of traffic,…