Court Upholds $159,116.10 Verdict for Back Injuries
by
Joseph C. Maya on May. 03, 2017
Accident & Injury Accident & Injury Personal Injury Lawsuit & Dispute Lawsuit
Summary: Blog about a court that upheld a large award of damages given because of severe back injuries.
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Defendant's motion for remittitur on personal injury damage award that included $150,000 in non-economic damages failed. The parties had stipulated to the economic damages and evidence that plaintiff suffered a permanent partial disability related to disc herniation and bulges provided sufficient evidentiary underpinning for non-economic damages.
The personal injury action was tried to a jury between November 7 and November 9, 2006. The plaintiff was awarded $9,116.10 in economic damages and $150,000.00, for a sum of $159,116.10. The defendant filed a motion for remittitur on the ground that the awarded damages were excessive as a matter a law. The plaintiff had suffered a cervical injury and disc herniation at the L4-5, with disc bulges as L2-3 and L3-4 and disc herniation at the L4-S1 vertebrae. An expert gave the plaintiff a 6% partial permanent disability to her cervical spine, and an 8% partial permanent disability to her lumbar spine. The plaintiff continues to be in pain and must enlist others to help with some of her daily responsibilities. The court found this to be sufficient evidence to support the jury’s conclusion as to both the economic and non economic damages. There was no basis for the court to conclude such a verdict was without an evidentiary underpinning, or the product of partiality, prejudice, mistake or corruption.
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.
Source: Perez v. Brokaw, 2007 Conn. Super LEXIS 117 (Conn. Super. 2007)
