N.Y. Civil Practice Law & Rules § 4111: General and special verdicts and written interrogatories

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.