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The plaintiff was injured as a result of a rear-end motor vehicle accident caused by the defendant’s negligence. The plaintiff claimed permanent injury to the neck and back, in addition to incurred medical bills and lost wages. There was dispute over the nature of the accident and extent of the injuries received. The jury returned a verdict for the plaintiff in the amount of $6000, which was less than the submitted medical bills, and $0 for non-economic damages. The plaintiff motioned to set aside a jury verdict as being inadequate because it did not award non-economic damages was denied because jury could have found no non-economic damages, and there was no per se rule that award of some economic damages required an award of non-economic damages.

The jury's verdict, which was less than the medical bills submitted, also failed to award any non-economic damages. In denying plaintiff's motion to set aside the verdict, the court noted that there was dispute as to the nature and extent of any injuries received. The court found that the jury could have believed defendant's testimony that there was only damage to his car's front headlight. The court determined that the jury was not required to believe that plaintiff sustained a personal injury as a result of the accident, and there was no per se rule that an award of some economic damages required an award of non-economic damages. Since the collateral source reduction exceeded the amount of the verdict, the court rendered judgment for defendant. The court denied plaintiff's motion. The court further determined that the collateral source reduction was applicable and ordered the entry of judgment in favor of defendant.

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: Martins v. Walsh, 2005 Conn. Super. LEXIS 1151 (Conn. Super. Ct. Apr. 25, 2005)