Bolden v. Southeastern Pennsylvania Transportation Authority

LEWIS, Circuit Judge.

We revisit a case which had come before us in banc and which we had remanded for a new trial on damages. Now, after the trial on remand, we confront a contention that the jury verdict was inconsistent with the law of the case as established by our in banc opinion in the first appeal. We conclude that the jury’s verdict can be reconciled with our prior ruling, and that the evidence presented at trial was sufficient to support the jury’s award. We must also decide whether expert medical testimony is required to prove emotional distress damages in a case brought pursuant to…