Friday, September 29, 2023

Jury's Zero Verdict Upheld

In the case of Derry v. Blackman, No. 3:21-CV-01744 (M.D. Pa. June 30, 2023 Mehalchick, J.), the court ruled that a jury’s zero verdict in a conceded liability case was not against the weight of the evidence.

The court emphasized that the record in the case confirm that the existence, severity and alleged cause of the Plaintiff’s alleged injuries were all disputed.

Judge Mehalchick reiterated the rule of law that a jury is free to decide which side’s witnesses are credible.

The court also noted the general rule of law that, even if a jury found that a Plaintiff did actually suffer some pain or discomfort as a result of an accident, the jury could conclude that the injuries were not significant enough to warrant compensation.

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

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