BODILY INJURY LAW – Superior Court grants additur where jury awards damages for neck injury, but not back injury arising out of motor vehicle accident

5/2/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

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Matthew J. O'Keefe

BODILY INJURY LAW – Superior Court grants additur where jury awards damages for neck injury, but not back injury arising out of motor vehicle accident

The jury concluded that the plaintiff had been injured in a car accident, but only awarded medical special damages with regard to the neck injury claim, not a back injury claim.  The plaintiff had submitted documentation of her medical expenses for both.  The jury also awarded nominal noneconomic damages.  The Superior Court held that this was an exceptional case in which the jury’s verdict so shocked the conscience that it had to be set aside and therefore granted a motion for additur in the amount of $2,012.50, an amount for the claimed expenses for the back injury.  Malerba v. Betkowski, CV14-6051447 (2/6/17 Ecker, J.)

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