Helpful Practice Tip: Remember to Object to Jury Verdict Sheet When Necessary

Also in Aguilar v. New York City Transit Authority, the trial court took into consideration the extensive proof of plaintiff's psychological trauma, to recommend that the jury verdict sheet include an itemization of damages for past and future mental pain and suffering as well as past and future physical pain and suffering. The defendant failed to object, but apparently raised the novelty of this practice as an issue on appeal. In declining to consider the issue, the First Department held that "[b]ecause defendants failed to object to the errors in the verdict sheet, the charge became the law applicable to the determination of the case." Moreover, the Court also observed that the error in the charge was not so fundamental as to prevent the jury from fairly considering the issues at trial.