$70,000 Award Inadequate; Jury Fails to Consider Plaintiff's Anxiety
by
Joseph C. Maya on May. 01, 2017
Accident & Injury Car Accident Accident & Injury Personal Injury Lawsuit & Dispute Litigation
Summary: Blog post about a jury award that was determined to be inadequate because it failed to take plaintiff's anxiety suffered as a result of the collision.
Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
The plaintiff was injured in a motor vehicle accident in Orange, CT. The exact incident differs substantially for the parties. According to the plaintiff and several witness, the defendant was unable to stop his vehicle as he approached oncoming traffic.The plaintiff claims that, as a result of the accident, she suffered injury to her knees, right arm, face, legs and neck, causing limited mobility and frequent pain and headaches. At trial, the jury returned a verdict in the amount of $70,000 to the plaintiff, but subtracted 15% of that amount because of her contributory negligence in the accident. The total award was $59,500. The plaintiff appealed, because no consideration was given to the anxiety she suffers as a result of the accident.
Plaintiff injured sought review of the decision of the Superior Court in the judicial district of Ansonia-Milford (Connecticut), which entered a jury verdict for the injured and denied the injured's motion to set aside the verdict as to damages only in the injured's negligence action against defendants, a driver and a rental car company, to recover damages sustained in a two car accident .The court reversed and held that the trial court failed to instruct the jury that the injured could recover for the anxiety reasonably associated with the future consequences of an injury, even if there was only a possibility that the feared consequence might occur. However, the trial court properly charged the jury on comparative negligence. The testimony presented permitted a reasonable inference that the injured had not exercised due care in operating her vehicle at the time of the accident.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Goodmaster v. Houser, 225 Conn. 637; 1993 Conn. LEXIS 161 (Conn. Dec. 03, 1993)