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This entry was published on 2014-09-22
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SECTION 4111
General and special verdicts and written interrogatories
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 41
Rule 4111. General and special verdicts and written interrogatories.
(a) General and special verdict defined. The court may direct the jury
to find either a general verdict or a special verdict. A general verdict
is one in which the jury finds in favor of one or more parties. A
special verdict is one in which the jury finds the facts only, leaving
the court to determine which party is entitled to judgment thereon.

(b) Special verdict. When the court requires a jury to return a
special verdict, the court shall submit to the jury written questions
susceptible of brief answer or written forms of the several findings
which might properly be made or it shall use any other appropriate
method of submitting the issues and requiring written findings thereon.
The court shall give sufficient instruction to enable the jury to make
its findings upon each issue. If the court omits any issue of fact
raised by the pleadings or evidence, each party waives his right to a
trial by jury of the issue so omitted unless before the jury retires he
demands its submission to the jury. As to an issue omitted without
demand, the court may make an express finding or shall be deemed to have
made a finding in accordance with the judgment.

(c) General verdict accompanied by answers to interrogatories. When
the court requires the jury to return a general verdict, it may also
require written answers to written interrogatories submitted to the jury
upon one or more issues of fact. The court shall give sufficient
instruction to enable the jury to render a general verdict and to answer
the interrogatories. When the answers are consistent with each other but
one or more is inconsistent with the general verdict, the court shall
direct the entry of judgment in accordance with the answers,
notwithstanding the general verdict, or it shall require the jury to
further consider its answers and verdict or it shall order a new trial.
When the answers are inconsistent with each other and one or more is
inconsistent with the general verdict, the court shall require the jury
to further consider its answers and verdict or it shall order a new
trial.

(d) Itemized verdict in medical, dental, or podiatric malpractice
actions. In all actions seeking damages for medical, dental, or
podiatric malpractice, or damages for wrongful death as a result of
medical, dental, or podiatric malpractice, the court shall instruct the
jury that if the jury finds a verdict awarding damages it shall in its
verdict specify the applicable elements of special and general damages
upon which the award is based and the amount assigned to each element,
including but not limited to medical expenses, dental expenses,
podiatric expenses, loss of earnings, impairment of earning ability, and
pain and suffering. In all such actions, each element shall be further
itemized into amounts intended to compensate for damages which have been
incurred prior to the verdict and amounts intended to compensate for
damages to be incurred in the future. In itemizing amounts intended to
compensate for future wrongful death damages, future loss of services,
and future loss of consortium, the jury shall return the total amount of
damages for each such item. In itemizing amounts intended to compensate
for future pain and suffering, the jury shall return the total amounts
of damages for future pain and suffering and shall set forth the period
of years over which such amounts are intended to provide compensation.
In itemizing amounts intended to compensate for future economic and
pecuniary damages other than in wrongful death actions, the jury shall
set forth as to each item of damage, (i) the annual amount in current
dollars, (ii) the period of years for which such compensation is
applicable and the date of commencement for that item of damage, (iii)
the growth rate applicable for the period of years for the item of
damage, and (iv) a finding of whether the loss or item of damage is
permanent. Where the needs change in the future for a particular item of
damage, that change shall be submitted to the jury as a separate item of
damage commencing at that time. In all such actions other than wrongful
death actions, the jury shall be instructed that the findings it makes
with reference to future economic damages, shall be used by the court to
determine future damages which are payable to the plaintiff over time.

(e) Itemized verdict in certain actions. In an action brought to
recover damages for personal injury, injury to property or wrongful
death, which is not subject to subdivision (d) of this rule, the court
shall instruct the jury that if the jury finds a verdict awarding
damages, it shall in its verdict specify the applicable elements of
special and general damages upon which the award is based and the amount
assigned to each element including, but not limited to, medical
expenses, dental expenses, loss of earnings, impairment of earning
ability, and pain and suffering. Each element shall be further itemized
into amounts intended to compensate for damages that have been incurred
prior to the verdict and amounts intended to compensate for damages to
be incurred in the future. In itemizing amounts intended to compensate
for future damages, the jury shall set forth the period of years over
which such amounts are intended to provide compensation. In actions in
which article fifty-A or fifty-B of this chapter applies, in computing
said damages, the jury shall be instructed to award the full amount of
future damages, as calculated, without reduction to present value.