ALBANY – The State’s highest court threw out a $10 million verdict and ordered a new trial for a man who lost a leg when he was pinned against a house by a driverless Volvo, finding the trial judge gave an instruction to jurors designed for malpractice cases, not those involving defective product design.
The 5-1 Court of Appeals said the effect of Justice Marcy Friedman’s (See Profile) error was apparent by the “inconsistent” nature of the Manhattan Supreme Court jury’s verdict in Reis v. Volvo Cars of North America, 138: Jurors found for plaintiff Manuel Reis on his negligent design claim, but for Volvo on Reis’ design defect claim.
