DAMAGES: Superior Court holds that personal injury victim not entitled to damages for pain and suffering

8/12/2016 | Peter K. O'Keefe

Category: Auto Accidents

Peter K. O'Keefe

The plaintiff was involved in a motor vehicle accident on May 7, 2013 and sought compensation.  The evidence indicated that the plaintiff had also been involved in a 2007 motor vehicle accident and a subsequent 2015 accident.  The defendant claimed that the damages to the motor vehicle in the 2013 accident were minimal, costing less than $600.00.  The jury awarded economic damages of $11,652.00 and did not award noneconomic damages for pain and suffering.  On the plaintiff’s Motion for Additur, the Superior Court holds that it was the function of the jury to weigh and assess the credibility of the plaintiff and consider the veracity of her complaints.  The jury could have disbelieved the plaintiff’s testimony about the effect of the motor vehicle accident on her life.  Motion for Additur denied.  Pettway v. Thomas, CV14-6045405 (July 20, 2016)

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