§ 4111 — General and special verdicts and written interrogatories

New York § 4111

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 41: Trial By a Jury

Text

Rule 4111. General and special verdicts and written interrogatories.\n(a) General and special verdict defined. The court may direct the jury\nto find either a general verdict or a special verdict. A general verdict\nis one in which the jury finds in favor of one or more parties. A\nspecial verdict is one in which the jury finds the facts only, leaving\nthe court to determine which party is entitled to judgment thereon.\n (b) Special verdict. When the court requires a jury to return a\nspecial verdict, the court shall submit to the jury written questions\nsusceptible of brief answer or written forms of the several findings\nwhich might properly be made or it shall use any other appropriate\nmethod of submitting the issues and requiring written findings thereon.\nThe court shall give sufficient instruction to enable the jury to make\nits findings upon each issue. If the court omits any issue of fact\nraised by the pleadings or evidence, each party waives his right to a\ntrial by jury of the issue so omitted unless before the jury retires he\ndemands its submission to the jury. As to an issue omitted without\ndemand, the court may make an express finding or shall be deemed to have\nmade a finding in accordance with the judgment.\n (c) General verdict accompanied by answers to interrogatories. When\nthe court requires the jury to return a general verdict, it may also\nrequire written answers to written interrogatories submitted to the jury\nupon one or more issues of fact. The court shall give sufficient\ninstruction to enable the jury to render a general verdict and to answer\nthe interrogatories. When the answers are consistent with each other but\none or more is inconsistent with the general verdict, the court shall\ndirect the entry of judgment in accordance with the answers,\nnotwithstanding the general verdict, or it shall require the jury to\nfurther consider its answers and verdict or it shall order a new trial.\nWhen the answers are inconsistent with each other and one or more is\ninconsistent with the general verdict, the court shall require the jury\nto further consider its answers and verdict or it shall order a new\ntrial.\n (d) Itemized verdict in medical, dental, or podiatric malpractice\nactions. In all actions seeking damages for medical, dental, or\npodiatric malpractice, or damages for wrongful death as a result of\nmedical, dental, or podiatric malpractice, the court shall instruct the\njury that if the jury finds a verdict awarding damages it shall in its\nverdict specify the applicable elements of special and general damages\nupon which the award is based and the amount assigned to each element,\nincluding but not limited to medical expenses, dental expenses,\npodiatric expenses, loss of earnings, impairment of earning ability, and\npain and suffering. In all such actions, each element shall be further\nitemized into amounts intended to compensate for damages which have been\nincurred prior to the verdict and amounts intended to compensate for\ndamages to be incurred in the future. In itemizing amounts intended to\ncompensate for future wrongful death damages, future loss of services,\nand future loss of consortium, the jury shall return the total amount of\ndamages for each such item. In itemizing amounts intended to compensate\nfor future pain and suffering, the jury shall return the total amounts\nof damages for future pain and suffering and shall set forth the period\nof years over which such amounts are intended to provide compensation.\nIn itemizing amounts intended to compensate for future economic and\npecuniary damages other than in wrongful death actions, the jury shall\nset forth as to each item of damage, (i) the annual amount in current\ndollars, (ii) the period of years for which such compensation is\napplicable and the date of commencement for that item of damage, (iii)\nthe growth rate applicable for the period of years for the item of\ndamage, and (iv) a finding of whether the loss or item of damage is\npermanent. Where the needs change in the future for a particular item of\ndamage, that change shall be submitted to the jury as a separate item of\ndamage commencing at that time. In all such actions other than wrongful\ndeath actions, the jury shall be instructed that the findings it makes\nwith reference to future economic damages, shall be used by the court to\ndetermine future damages which are payable to the plaintiff over time.\n (e) Itemized verdict in certain actions. In an action brought to\nrecover damages for personal injury, injury to property or wrongful\ndeath, which is not subject to subdivision (d) of this rule, the court\nshall instruct the jury that if the jury finds a verdict awarding\ndamages, it shall in its verdict specify the applicable elements of\nspecial and general damages upon which the award is based and the amount\nassigned to each element including, but not limited to, medical\nexpenses, dental expenses, loss of earnings, impairment of earning\nability, and pain and suffering. Each element shall be further itemized\ninto amounts intended to compensate for damages that have been incurred\nprior to the verdict and amounts intended to compensate for damages to\nbe incurred in the future. In itemizing amounts intended to compensate\nfor future damages, the jury shall set forth the period of years over\nwhich such amounts are intended to provide compensation. In actions in\nwhich article fifty-A or fifty-B of this chapter applies, in computing\nsaid damages, the jury shall be instructed to award the full amount of\nfuture damages, as calculated, without reduction to present value.\n