Richmond v. Ebinger

I respectfully dissent from the majority opinion because I believe that the size of the verdict cannot be used to determine whether the *785claimed improper jury instruction was prejudicial to the plaintiff.1

The following procedural fact is critical to a resolution of the plaintiffs claim, which is essentially that the jury did not award her enough damages. The foreperson completed the jury form, indicating that the parties were equally responsible for the accident and awarding the plaintiff $4700 for economic damages and $1600 for noneconomic damages. The total verdict was $6300. No…