Omitting important issues on a verdict sheet can lose your case.

📖 Case Summary: Eaton v Fiotos

The plaintiff in Eaton was injured when attacked by a diner security guard, and although the jury found liability against the diner owners, the verdict sheet failed to ask whether the guard was acting within the scope of his employment at the time of the attack. Thus, the verdict sheet interrogatories that the trial court gave the jury allowed the jury to find the defendants liable for the security guard’s acts based solely on his status as a special employee, without determining whether he was acting within the scope of his employment when he attacked the plaintiff.

📝 Court’s Ruling:

• The Appellate Division, Second Department reversed a judgment and granted the defendants’ CPLR 4404 (a) motion to set aside the jury verdict on the issue of liability in the interest of justice.
• The Court held that the trial court failed to properly instruct the jury on whether a security guard acted within the scope of his employment. This omission significantly impacted the liability assessment, requiring a new trial.
• The Second Department emphasized that determining if an employee’s conduct falls within its employment scope is critical for establishing vicarious liability.
• By omitting this question on the verdict sheet, the trial court allowed the jury to impose liability without evaluating a necessary element, thereby prejudicing the defendants’ rights and warranting a new trial on liability.

✅ Key Legal Takeaways:

🔹 Always ensure that jury verdict sheets explicitly address all elements of a claim, including whether an employee acted within the scope of employment.

🔹 The New York Pattern Jury Instructions is your best friend at trial. Rely on the PJI when drafting your proposed verdict sheet.

🔹 Failure to properly instruct juries on fundamental issues can result in reversible error, significantly impacting claim outcomes and litigation costs.

👉 Facing a complex litigation issue or appellate matter? Leverage my deep expertise in appellate advocacy and litigation strategy to enhance your case outcomes. Contact me for strategic consultation.

And for more legal insights tailored to insurers and risk managers, explore New York Civil Law for hundreds of other case summaries like this one — Case Summaries & Legal Updates. Clearly Explained