Tamara Covington, a passenger in a taxicab driven by Sanjeev Kumar, was injured when Kumar failed to yield the right away to a car driven by Jarrett McCalla.
After Covington filed suit in the Bronx County Supreme Court against Kumar and McCalla (and the owners of the respective vehicles), a jury found McCalla and Thomas (the car's owner) 100% at fault for the accident.
When the trial court denied their request to set aside the verdict, McCalla and Thomas appealed to the Appellate Division, First Department.
Because the outcome was "inexplicable," and contrary to the "weight of the evidence," the AD1 set aside the jury's verdict and sent the case back for a new trial on damages -- unless the parties agreed to apportion liability as follows: 60% McCalla and Thomas, 40% Kumar and Lal (the cab's owner).
That was some hack job.
To view a copy of the Appellate Division's decision, please use this link: Covington v. Kumar