Defendant Denied Remittitur for $507,706.65 Jury Award
by
Joseph C. Maya on Apr. 12, 2017
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Blog post about a defendant who was found liable for over $500,000 and then had a request to reduce that amount dismissed.
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In personal injury action stemming from auto accident, defendant was not entitled to remittitur, Conn. Gen. Stat. § 52-216a and Conn. Gen. Prac. Book, R. Super. Ct. § 17-2A, of jury's award of $ 507,706.65 for plaintiff because there was credible evidence of painful and permanent injuries plaintiff would suffer from for rest of her life.
The plaintiff, Angelina Ekenbarger, brought action against the defendant, Evanna Holloway, for personal injuries sustained from an auto accident. The defendant denied liability, and alleged that the plaintiff herself was negligent. The case was tried to a jury which on December 16, 2011, rendered a verdict in favor of the plaintiff. The jury awarded the plaintiff $11,009.50 in economic damages and $713,285.72 in non-economic damages. The jury found the plaintiff could be attributed to 30% of the parties’ negligence, and reduced the award according to the amount of $507,706.65. The defendant filed for remittitur, or the dismissal of this jury’s award, on the grounds that the award was excessive and not supported by the evidence. The court denied this motion. It was reasonable for the jury to conclude that the plaintiff suffered severe and permanent injuries as a result of the accident. The parties agreed that the approximate life expectancy of the plaintiff was 35.4 years, the remainder of which would entail pain and suffering as a result of the injuries caused by the accident. Moreover, the jury is entitled to the finding of fact, and should only be overturned in the event that an award shocks the court’s conscience. In court concluded that the jury reached a reasonable award in light of the evidence provided.
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: Ekenbarger v. Holloway, 2012 Conn. Super. LEXIS 283 (Conn. Super. 2012)
