Clarke v. Order of the Sisters of St. Dominic

In Clarke v. Order of the Sisters of St. Dominic, 273 A.D.2d 431 (2nd Dept. 2000), the Second Department again reversed a trial court's denial of a motion to set aside a verdict that found that defendant's negligence was not a proximate cause of the accident but apportioned liability to her. The Court stated that the jurors had expressed difficulty with the concept of proximate cause and held that where the record indicates substantial confusion among the jurors, a new trial should be granted.