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Wade v. Harvey, Del. Super., C.A. No. 07C-08-091, Herlihy, J. (October 4, 2011)

After a defense verdict, plaintiff moved for a new trial. The case arose from an intersectional accident in which both parties alleged that the other disregarded a red traffic light. The jury found the defendant negligent but that his negligence was not the proximate cause of the accident. The plaintiff argued that the verdict was inconsistent because the only explanation of what happened was that the accident resulted from defendant's negligence. Defendant argued that the verdict was consistent with the evidence at trial and reflected the plaintiff's comparative negligence. The court upheld the jury's verdict finding that it was not against the great weight of the evidence or inconsistent. The court noted that the jury could have discredited the plaintiff's testimony regarding the color of her light. Specifically, the court pointed out the plaintiff's credibility issues, including receiving Percocet from two different doctors at the same time, neglecting to tell her treating physician about a prior accident/injury, and her statements about not being injured in a prior accident.

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