Tuesday, July 12, 2011

Judge Carmen D. Minora of Lackawanna County Denies New Trial in Zero Verdict Case

In his June 21, 2011 Opinion and Order in the case of Anastasi v. Old Forge Borough, No. 2006 - CV - 4569 (Lacka. Co. June 21, 2011, Minora, J.), Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas denied the Plaintiff's request for a new trial in a zero verdict case.

This case involved a trip and fall on a borough street.  The primary injury was a ruptured achilles' tendon.

At trial, the jury returned a verdict finding the Borough negligent and the Plaintiff contributorily negligent.  The jury apportioned the liability on a 50-50 basis.  The jury also found both parties' negligence to be a factual cause in causing the Plaintiff's damages.

However, the jury awarded zero ($0) damages for past, present, and future physical pain and suffering and loss of the enjoyment of life's pleasures.  The Plaintiff filed a motion for a new trial limited to damages issues.

After reviewing the applicable law, Judge Minora denied the Plaintiff's Motion and allowed the jury's verdict to stand. 

In his Opinion, Judge Minora provides a thorough analysis of the applicable standard of review for the trial court in this regard.  Anyone desiring a copy of this decision in the Anastasi v. Old Forge Borough case may contact me at dancummins@comcast.net.

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