CT Car Accident Law: Jury's $507,706 Award Failed to Shock Court's Conscience

2012-06-07 | Jay W. Jackson
jwjackson@jacksonokeefe.com

Category: Auto Accidents

CT Car Accident Law:  Jury’s $507,706 Award Failed to Shock Court’s Conscience

Case:  Ekenbarger v. Holloway

Court:  Hartford J.D., at Hartford

Doc. No.: CV 09-5034064S; Court Opinion By:  Stengel, J.T.R.

Date:  Jan. 26, 2012

A court may consider “whether the jury’s award falls somewhere within the necessarily uncertain limits of just damages or whether the size of the verdict so shocks the sense of justice as to compel the conclusion that the jury [was] influenced by partiality, prejudice, mistake or corruption,” pursuant to Saleh v. Ribeiro Trucking LLC, a 2011 decision of the Connecticut Supreme Court.  The plaintiff’s complaint alleged that in 2009 the defendant failed to stop at a stop sign and collided with the plaintiff, who made a complete stop and then continued into the intersection. A jury awarded the plaintiff $11,009 in economic damages and $714,285 in non-economic damages, reduced 30 per4cent for the plaintiff’s negligence to $507,706.  The defendant moved to set aside and for remittitur.  The court found that the jury reasonably could have credited the testimony of the plaintiff, the plaintiff’s witness and the plaintiff’s expert, Michael Shanok, an engineer who estimated that the defendant traveled faster than 25 miles per hour in the intersection.  The defendant’s witness became confused and uncertain after her testified that the defendant stopped.  The 47 year old plaintiff, who used to run regularly, testified that she is unable to run anymore and that her sleep is often disrupted, because she experiences pain.  The plaintiff’s doctor rated the plaintiff with a 17 percent permanent partial disability to her cervical spine. Evidence in the record supported the jury’s award, which failed to shock the court’s conscience.  “A reasonably jury could have found, wrote the court, “that the plaintiff suffered severe and permanent injuries as a result of her collision with the defendant and that she would continue to suffer from those injuries for the remainder of her life.”  The court denied the defendant’s motion to set aside or for remittitur.

 

For more information and resources regarding Connecticut car accident lawyers, see:

http://www.jacksonokeefe.com/general-practice/car-accident-lawyers.htm

Jackson O’Keefe has the knowledge and experience to help if you or a loved one has been the victim of a motor vehicle accident involving a drunk or drugged driver. In addition to assessing and pursuing the legal responsibility of third parties for the loss, we know that sometimes an underinsured or uninsured claim may be necessary against your own insurance company and have the knowledge and experience to pursue such claims for full compensation as well.

The firm understands that the injuries suffered in a car accident can be financially and physically devastating. Jackson O’Keefe has the experience, knowledge and resources to help you recover full and fair compensation for all your losses. If you have suffered a personal injury because of the negligence or carelessness of another person, Jackson O’Keefe can take care of your legal concerns while you heal physically and emotionally. Contact the firm to schedule a confidential consultation to discuss your personal injury claim. Jackson O’Keefe handles catastrophic injury claims involving traumatic brain injury (TBI), spinal cord injury and paralysis, as well as claims for wrongful death.

Jackson O’Keefe handles Connecticut personal injury and car accident cases throughout the State of Connecticut, including clients in West Hartford, Farmington, Avon, Simsbury, Old Lyme, Ellington, Tolland, North Haven, Wallingford, Wethersfield, Rocky Hill, Cromwell, Bethlehem, Moodus, East Haddam, Hadlyme, Madison, Middletown, Hartford, Southington, Plantsville, Hartford County, New Haven County, Middlesex County, New London County and Litchfield County.

For more information and resources on Connecticut accident cases and Connecticut personal injury law, see our resources at http://www.jacksonokeefe.com/personal-injury/overview/

 

For information and resources on CT distracted driving lawyers, see http://www.jacksonokeefe.com/personal-injury/ct-distracted-driving-statistics.htm

Jackson O’Keefe handles Connecticut car accident cases and Connecticut distracted driving, cell phone and texting car accident cases throughout the State of Connecticut, including clients in West Hartford, Farmington, Avon, Simsbury, Old Lyme, Ellington, Tolland, North Haven, Wallingford, Wethersfield, Rocky Hill, Cromwell, Bethlehem, Moodus, East Haddam, Hadlyme, Madison, Middletown, Hartford, Southington, Plantsville, Hartford County, New Haven County, Middlesex County, New London County and Litchfield County.

For more information and resources on Connecticut car accident lawyers, see: http://www.jacksonokeefe.com/general-practice-overview/connecticut-car-accident-lawyers/index.html and

http://www.jacksonokeefe.com/personal-injury/distracted-drivers-lawyers.htm

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