Pregnant Mother Awarded $5000 for Fear and Anxiety

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Noneconomic damages should have been awarded for the anxiety and fear plaintiff suffered proximately caused by defendant's negligence for the period of time from the accident until the birth of her healthy child. Plaintiff moved to set aside the jury verdict for personal injury economic damages awarded to her and further moved for an additur for noneconomic damages.

Plaintiff and defendant were in a car accident. Plaintiff was approximately six months pregnant at the time. Although the doctor told pregnant plaintiff he thought the baby was fine, she continued to worry until the baby was born. Following the accident, plaintiff was treated by an orthopedic surgeon, at a pain clinic, and by a chiropractor. Since plaintiff did not object to defendant's closing argument concerning plaintiff's other car accidents and resulting lawsuits at a time when the court would have been able to give a curative instruction and because there was evidence in support of defendant's remarks, the court rejected plaintiff's claim that the jury was improperly prejudiced. The failure of the jury to award noneconomic damages was against the weight of the evidence so as to indicate that the jury did not correctly apply the law and so shocked the sense of justice as to compel the conclusion that the jury were influenced by partiality, prejudice, mistake, or corruption. There was a clear causal connection between defendant's negligence and the mental suffering experienced by pregnant plaintiff.

The zero noneconomic damage award was inadequate as a matter of law. Thus, the court awarded $ 5000 in noneconomic damages. If the parties could not agree to that award, a new trial on noneconomic damages was ordered.

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: Freeman v. Thompson, 2000 Conn. Super. LEXIS 2589 (Conn. Super. Ct.Oct 3, 2000)