Catalano v. Bujak

While I agree with the majority that the jury’s award on damages was inadequate, I must dissent, nevertheless, because I do not believe that we should reach that issue without considering first the issue of the jury’s compromise. Further, I would not remand this case for a new trial on the issue of liability.

Once the jury determined that Officer Bujak’s conduct was willful (established beyond doubt by its answer to the first question submitted to it) and that it was Bujak’s conduct which caused the harm suffered by Catalano (likewise established beyond peradventure by the answer to question…