Case Conclusion Date:December 21, 2001
Practice Area:Personal Injury
Outcome:The appeal was denied and dismissed. The judgment of the lower court was affirmed.
Description:I have tried and settled hundreds of cases during my 30 years in the legal field. For your review, I will list just a few cases which have been decided in an appellate court. In this case, I represented the plaintiff. Defendants, including a driver, appealed the grant of a new trial in favor of plaintiffs, two injured parties, after a jury verdict in the Superior Court for Providence County (Rhode Island). The jury failed to assign any degree of negligence to the driver for his contribution to an automobile accident. The appellate court held that the trial court's grant of a new trial after determining that the jury's apportionment of negligence was against the fair weight of the evidence failed to do substantial justice to the parties, and that the damage awards shocked the conscience of the court was not error. The trial court did not misconceive or overlook material evidence by finding that reasonable minds would agree that the driver was at least partly negligent. The trial court also did not err in concluding that the evidence did not support the jury's assessment of damages. The jury's award to one injured party was against the fair preponderance of the evidence in light of his pain and suffering and the restrictions that his injuries placed on his day-to-day activities. Similarly, reasonable minds could not have concluded that the other injured party was entitled to less than his medical expenses for a permanent injury. There was sufficient evidence suggesting that the trial court determined that the driver's negligence was a proximate cause of the accident, and that the injuries proximately resulted therefrom.