A Jury Verdict Is Almost Never 'Against the Weight of the Evidence'
APPELLATE ANSWERS: Quite appropriately, the call made by the factfinders who actually saw and heard the evidence firsthand is accorded deference during appellate review.
May 06, 2022 at 10:00 AM
6 minute read
Civil AppealsThe argument perhaps least likely to succeed on appeal challenges that a jury verdict was against the weight of the evidence. "A jury verdict, from the weight of the evidence standpoint, is impregnable unless so distorted and wrong, in the objective and articulated view of a judge, as to manifest with utmost certainty a plain miscarriage of justice." Kozma v. Starbucks Coffee, 412 N.J. Super. 319, 324 (App. Div. 2010). There is, undeniably, a "you had to be there" factor when assessing the persuasiveness of the evidence. Quite appropriately, the call made by the factfinders who actually saw and heard the evidence firsthand is accorded deference during appellate review.
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