Judge Denies Motion to Set Aside Million Dollar Verdict

On December 7, 2021, owner/founder Andrew Kirby won a substantial verdict against the County of Chenango for its negligence in safely maintaining the road in front of the Chobani Yogurt Plant.  Following the verdict, which awarded our client $1,730,000 in compensatory damages. The Judge succinctly summarized both parties’ arguments–according to the Plaintiff, it was the dangerous and unsafe road which caused him to be thrown from the motorcycle. To the Defendant, it was our client’s intoxication and resulting inability to control the motorcycle that caused him and the motorcycle to hit the pavement. The Judge noted that the jury chose the former and rejected the latter. The Judge held that the jury’s decision was a fair interpretation of the evidence. The Defendant also moved to set aside the verdict about future damages, which was denied.