2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 41 - (4101 - 4113) TRIAL BY A JURY
R4111 - 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.