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LEWIS v. PROGRESSIVE AGENCY

6 A.D.3d 293 (2004)

774 N.Y.S.2d 707

NONA LEWIS, Respondent, v. PROGRESSIVE AGENCY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 22, 2004.

A jury verdict in favor of a defendant should not be set aside as against the weight of the evidence unless the preponderance of the evidence in the plaintiff's favor is so great that the jury could not have reached the verdict in any fair interpretation of the evidence (Jamal v New York City Health & Hosps. Corp., 280 A.D.2d 421 [2001]).

Given the conflicting testimony of the parties' medical experts as to the cause...

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