09/25/2026
23rd Reversal of 2026!
Delighted to share our most recent reversal and new trial win for our friends at The Flomenhaft Law Firm!
This one successfully leveraged a “weight of evidence” argument based on the inconsistency of the jury’s verdict, which rejected the defendant’s emergency doctrine defense while also finding that the defendant was not negligent in crashing his tractor-trailer into the rear of the plaintiff’s vehicle.
This decision is bookmark-worthy for anyone trying civil cases in New York because trial counsel did not object to the inconsistent verdict before the jury’s discharge, thus rendering the verdict’s inconsistency unpreserved as an issue of law (see Barry v. Manglass, 55 NY2d 803 [1981]). However, leveraging case law we created in 2019, we successfully argued that “there is no preservation requirement for weight of evidence review” (Evans v. New York Trans. Auth., 179 AD3d 105 [2d Dept., 2019], Connolly, J., Opinion).
Kudos to Christen Giannaros for her compelling and nuanced presentation on appeal!
🔗 hornappeals.com/our-victories/september-2-2026-horn-appellate-group-wins-reversal-and-new-trial-on-weight-of-evidence-grounds-following-inconsistent-jury-verdict
