Rose v. Cariello
Annotate this CaseAfter Plaintiff’s car was struck from behind by a car operated by Defendant, Plaintiff began experiencing pain in her back and legs, which led to two surgical procedures on her spine. Plaintiff filed a negligence suit against Defendants seeking damages. The jury returned a verdict for Plaintiff and awarded her damages in the amount of $193,584. Plaintiff filed a motion for a new trial and/or additur, contending that the verdict was against the weight of the evidence and that the jury’s damages award failed adequately to compensate her for her injuries so as to shock the conscience. The superior court granted an additur of $428, 416 to the jury award and, if Defendants rejected the additur, granted Plaintiff’s motion for a new trial on the limited issue of damages. Defendants rejected the additur. The Supreme Court affirmed the trial justice’s grant of Plaintiff’s motion for a new trial on the issue of damages, holding that the trial justice (1) adequately set forth sufficient record evidence to support his independent judgment; and (2) was not clearly wrong in determining that the jury’s award of damages was inadequate.
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