Where plaintiff and defendant presented contradicting credible evidence regarding whether all of plaintiff’s claimed injuries were caused by the car accident at issue, the trial court’s denial of plaintiff’s motion for new trial based on her assertion that the jury’s award did not adequately compensate her for her injuries was affirmed.
In Besses v. Killian, No. M2021-01121-COA-R3-CV (Tenn. Ct. App. Jan. 27, 2023), plaintiff and defendant were involved in a car accident when they approached traffic on the interstate that had slowed significantly and defendant rear-ended plaintiff’s car. Both plaintiff and defendant were able to move their cars to the side of the road after the accident, and both drove their cars away and declined medical treatment after the police took a report.
Plaintiff filed a complaint alleging that she sustained injuries including “a bruised right knee, a neck strain, a lower back strain, a concussion, and chronic headaches, including migraines.” Plaintiff sought damages for past and future medical expenses, loss of earnings, pain and suffering, and loss of enjoyment of life. Defendant admitted fault but challenged the damages claimed by plaintiff, asserting that some of the medical expenses and injuries were not caused by the accident. After a two-day jury trial, the jury awarded plaintiff $16,720, which included $12,270 for medical expenses, $3,000 for past pain and suffering, $1,00 for past loss of enjoyment of life, and no award for future pain and suffering or loss of enjoyment of life. Plaintiff filed a motion for new trial, arguing that the jury’s award “did not adequately compensate her for her injuries and was inconsistent with the evidence offered at trial,” but the trial court denied the motion and confirmed the jury verdict. On appeal, this ruling was affirmed.