Rahman v. Smith

This negligence action to recover damages for personal injuries arose from a motor vehicle accident between a vehicle owned and operated by the plaintiff, Wasiur Rahman, and a vehicle owned and operated by the defendant, Charles J. Smith. On July 14, 2005, a trial was commenced on the liability issues, solely. The jury rendered a verdict finding that the defendant was not negligent. Pursuant to CPLR 4404, the plaintiffs have moved to set aside this verdict and enter judgment in favor of the plaintiffs or, in the alternative, for a new trial. In addition to the contention that the verdict was contrary to the weight of the credible evidence, plaintiffs aver that the admission by defense counsel in his summation, "that there was liability on both sides", renders the verdict a nullity.