Delaware Superior Court grants plaintiff’s motion for new trial because the evidence of record demonstrated plaintiff sustained a compensable injury, obligating the jury to award plaintiff some amount of monetary damages.

Although the defendant admitted to liability for a motor vehicle accident, he strongly contested the plaintiff’s injury claim. At trial, the plaintiff presented evidence of her injuries through experts, medical records and photographs. The defendant’s medical expert could not testify to a degree of medical certainty that she did sustain an injury, but if she did, it would have been a sprain and strain. The jury did not award any damages to the plaintiff. 

The Delaware Superior Court held that, while a jury has great latitude, “it cannot totally ignore facts that are uncontroverted and against which no inference lies.” Thus, a new trial was awarded to the plaintiff because the jury was obligated to enter a monetary award, even if it was nominal. 
 

_{Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2023 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}