Passenger, who suffered back and neck injuries in automobile collision, filed personal injury action against driver, driver’s employer, and liability insurer.
Following trial in the District Court, jury awarded passenger $545,000 for future medical expenses, $250,000 for past and future physical pain and suffering, and refused to award damages for loss of enjoyment of life.
Passenger filed motion for judgment notwithstanding the verdict (JNOV), seeking to increase award for future medical expenses and general damages, which was denied. Passenger appealed.
The Court of Appeal held that:
- Jury’s award of $545,000 for future medical expenses was not so low as to be manifestly erroneous;
- Jury’s award of $250,000 for past and future physical pain and suffering was not abusively low; and
- Jury’s award of $0.00 for loss of enjoyment of life was not abusively low.