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In the case of Vinson, a court had to determine an award for a driver, Duncan Brodie, injured in a vehicular collision. Allegedly, Brodie was traveling southbound on Main Avenue in Norwalk, Connecticut, when he was struck by another car as it turned into his lane. At trial, Brodie sought economic damages of $3,916.34, as well as noneconomic damages. In law, economic damages are compensation for monetary expenses related to an injury, such as medical costs and even lost wages. These damages are easily verified by medical bills, invoices, and employment records. Noneconomic damages compensate individuals for non-monetary losses, which are not readily quantifiable. Examples include pain-and-suffering, loss of future enjoyment, and loss of companionship. These damages are subjective, and determined by the jury or finder of fact.
The jury returned a verdict of $900 in economic damages and $0 in noneconomic damages. Brodie appealed this decision, and filed a motion for additur. In law, additur enable a trial judge to add additional damages to the original jury award. A court may only apply additur where it finds the verdict unjust, unreasonably, or shocking to the court’s sense of justice.
The court granted an additur of $2,000 for pain and suffering, as well as an additional economic award of $1756.74. The court found that the jury’s award was significantly less than the medical costs and repair bills resulting from the accident. Brodie submitted a substantial amount of evidence in support of his claim. “Even if the jury could have found that the plaintiff did not suffer any serious or permanent injury” said the court, “given the evidence submitted by the plaintiff, it would be unreasonable for the jury conclude that the plaintiff did not suffer any pain.”
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: Vinson, 1999 Conn. Super. LEXIS 2340 , 1999 WL 701789 (Conn. Super. Ct. Aug. 25, 1999)
