Jury Award of Zero Dollars to Plaintiff Upheld on Appeal
Juries decide cases with respect to the liability of the parties and in regard to the damages owed. In a recent case, a jury found that a defendant was liable—yet it also found that the plaintiff should be awarded nothing.
After a woman was injured in a car accident, she and her husband sued her insurance company to recover damages for her injuries under the underinsured motorist provision of their policy. Prior to trial, the defendant admitted that the driver of the car that hit the plaintiff was negligent. However, the case proceeded to trial on the issue of causation and damages. At trial, the woman admitted that all of her medical bills had been paid. Accordingly, the plaintiffs were only seeking damages for pain and suffering.
The jury was required to determine the amount of damages the plaintiffs should be awarded. When the jury returned a verdict in her favor, but with an award of no damages, the plaintiffs filed a motion for a new trial. The motion was denied, and the plaintiffs appealed the decision. On appeal, the plaintiffs argued that a jury verdict for the plaintiff must necessarily include an award of damages.