When a personal injury case goes to trial, defendants can make a post-trial motion to set aside a verdict as excessive. The Court will consider past verdicts for similar injuries as well as any other evidence the defendants can produce to show that the jury award was disproportionate to the injuries claimed.

In Lombardi v. Structure Tone Inc., the plaintiff carpenter claimed that he fractured his foot when he was walking through a construction site and tripped over debris. After a trial by jury, the plaintiff was awarded $884,000 inclusive of his lost earnings claim. In their motion to set aside the verdict, the defendants argued that the plaintiff suffered from diabetes at the time of his accident which complicated and delayed his recovery. The Court referred to a decision from the Appellate Division in which a jury awarded a plaintiff $75,000 for the same injury as that suffered by the plaintiff in Lombardi. The Court reasoned that the jury made its excessive award partially based on plaintiff’s counsel’s controversial summation which drew many sustained objections to inappropriate comments about the defendant’s liability. The court also considered the plaintiff’s diabetes and its effects on the plaintiff’s recovery time. Consequently, the Court granted the motion to set aside the verdict and directed a new trial on the issue of damages alone. The Court also gave all parties the option of agreeing to a reduced award of $125,000 in lieu of the new damages trial.

When a Court sets aside a verdict, it is one of the few instances where a judge can overrule a decision agreed to by a jury. Defense counsel should always be aware of the past verdict values for the injuries being claimed in each matter. If a jury improperly awards a plaintiff an excessive award, defendants may have recourse.

Thanks to Jeremy Seeman for his contribution to this post.