Tough Jury Climate

The jury found that the defendant was negligent and that the negligence caused an herniated disk.  The disk problem was surgically repaired.  The plaintiff used a walker for nine months and now uses a cane. Amount of damages for pain and suffering?  Zero.

Motion for new trial?  Denied.

The California Court of Appeals reversed, holding that the failure to award damages for pain and suffering meant that the verdict was inadequate as a matter of law.

The case is Dodson v. J. Pacific, Inc., B186416 ( Cal. Ct. App. Div. 8  Aug. 28, 2007).  Read it here.