Court Adds $2,000 to Original $3,320 Award for Car Accident
by
Joseph C. Maya on Apr. 12, 2017
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Info on a car accident case where the court increased the award of damages by $2,000.
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A court can award an additur, if the jury awarded plaintiff all of his medical expenses and did not award damages for pain and suffering. The jury did not apply the law to the facts, or was influenced by partiality, prejudice or mistake, when it did not award damages for pain and suffering, and the court awarded an additur of $2,000. Plaintiff Christopher Cusano filed a complaint and alleged that on July 4, 2014 he was rear-ended in Massachusetts. Defendant Edward Lajoie admitted that he was negligent. plaintiff went to a chiropractor 19 times, because he experienced widespread back and significant neck pain. His medical expenses were $3,320. The jury awarded economic damages of the same amount as coverage of his medical expenses. The court asked the jury to reconsider its decision not to award damages for pain and suffering. After reconsideration, the jury decided to reaffirm its decision not to award any damages for pain and suffering. Cusano filed a motion for an additur, or additional court judgment and award, and argued that the verdict was inadequate and contrary to law. Defendants objected. The court awarded an additur in the amount of $2,000. "The court is compelled to conclude," wrote the court, "that the jury did not apply the law to the facts of the case" or that the jury was influence by partiality, prejudice or mistake." Motion granted. "During those treatments," wrote the court, "plaintiff complained of pain and, as a result, "required medical care and treatment."
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.
Source: J. Swienton, Court Added $2,000 Additur To $3,320 Award for Car Accident, 42 CONN. LAW TRIB. 23 at 17.
