In early June 2015, the Montgomery County Court of Common Pleas in Pennsylvania denied a Defendant’s motion for a New Trial and For Remittitur preserving a million dollar verdict for personal injuries sustained in an auto accident. The Plaintiff’s personal injury attorney won the million dollar verdict after defense counsel appealed a non-binding arbitration award for $ 30,000.
In 2005, Christy Carassi was a passenger in a vehicle that was hit by another car while passing through an intersection. The force of the accident caused Carassi to fling forward smashing her both her knees into the dashboard causing it to break and slamming her head against the door window. The driver of Carassi’s vehicle only suffered minor injuries as a result of the accident.
During both the arbitration hearing and the jury trial, Carassi’s personal injury attorney presented substantial medical evidence and testimony that detailed Carassi’s injuries. The personal injury attorney showed that Carassi was diagnosed with Chronic Patellofemoral Pain Syndrome and had seen numerous doctors with months of physical therapy for her damaged knees. Carassi’s knee injuries were so severe, her personal injury attorney argued, that she had arthroscopic surgery as well as pain-relieving injections throughout her treatment. Carassi’s personal injury attorney also presented evidence that she a very active lifestyle with hopes of working as an auto mechanic, which were both taken away by the auto accident.
Originally, the personal injury attorney filed Carassi’s negligence claim with the Arbitration Board of Montgomery Country and won a non-binding $ 30,000 reward. Defense counsel appealed this reward believing it was excessive and demanded a jury trial. At the end of the trial, the jury returned a verdict of a million dollars for Carassi and her personal injury attorney. Defense counsel quickly filed a motion For a New Trial and For a Remittitur. A motion for remittitur is a procedural device used to have judges review the reasonableness of jury verdicts and reduce them if they are deemed “excessive.”
The Montgomery Court of Common Pleas denied both defense counsel’s motions. Concerning the Remittitur Motion, the Court said that “[w]hile the one million dollar verdict is arguably a ‘large’ verdict, it is not an ‘excessive’ verdict.” The calculation of damages for pain and suffering, reasoned the Court, is ultimately a jury question. In this case, Carassi’s personal injury attorney presented medical evidence and other mitigating factors that a reasonable jury could have used to reach a million dollar verdict. Defense counsel has appealed the Montgomery Court’s ruling to the Superior Court of Pennsylvania.
Injuries like Carassai’s happen all the time due to auto accidents and other dangerous circumstances. Most of the time, these injuries go uncompensated or grossly undervalued by some attorneys. Hiring a trial law firm ensures that you have the fire power to the fair recovery you deserve. Romanow Law Group is the trial law firm of the Pittsburgh area and handles all types of personal injury claims. If you have been injured by the negligent actions of another, please call us today at (412) 942-9100 to schedule a free consultation or visit our website at www.romanowlawgroup.com.