Cosby v. Clem

Holding

In personal injury litigation arising from a rear-end automobile collision, which was tried three times in the circuit court, the trial judge erred in setting aside the first verdict in the amount of $9,000. When reasonably fair-minded persons may differ as to the conclusions of fact to be drawn from the evidence, or if the conclusion is dependent upon the weight to be given the testimony, then such evidence is controverted, and the jury’s verdict cannot be disturbed either by the circuit court or this Court. Where an impartial jury properly instructed has determined the issue of damages in a personal injury case, the verdict should not be disturbed if it is supported by a logical interpretation of the factual issues. In this case, based on the evidence, the jury was entitled to conclude that plaintiff failed to prove that the spinal cord stimulator implanted in her back malfunctioned as a result of the defendant’s negligence and it could decline to award her damages related to the treatment associated with that medical device. Because plaintiff’s medical expenses related primarily to the treatment and surgery associated with her stimulator, it cannot be said that the verdict of $9,000 was based upon an unreasonable interpretation of the evidence, which was susceptible to different findings. Under these circumstances, the trial court should not have set aside the first verdict. The judgment is reversed, the jury verdict returned in the first trial is reinstated, and final judgment is entered on that verdict.

Briefs and Records

• Brief of Appellant
• Brief of Appellee
• Reply Brief of Appellant
• Joint Appendix