The plaintiff brought a post‑trial motion seeking to set aside a civil jury verdict arising from a rear‑end motor vehicle collision, arguing there was no evidence to support the jury’s apportionment of liability and damages.
The jury had found both parties negligent, assigning 90% fault to the plaintiff and 10% to the defendant, and awarded damages subject to that apportionment.
The court reviewed the limited circumstances in which a trial judge may refuse to accept a jury verdict, namely where the verdict is devoid of evidentiary support or legally incapable of supporting judgment.
The court held that the plaintiff’s Highway Traffic Act conviction and the evidence presented at trial constituted some evidence capable of supporting the jury’s findings.
The motion to set aside the verdict and order a new trial or substitute judgment was dismissed.
