Frejer v. Fitzgerald

By Judge William H. Ledbetter, Jr.

The issue in this case is whether a jury award of $0 damages should be set aside as inadequate as a matter of law.

Facts

Mr. Frejer instituted this action in general district court claiming that he was injured when Mr. Fitzgerald’s vehicle negligently rear-ended his vehicle on State Route # 3 on December 20,1997. The case was removed to this court and tried with a jury on October 8,1999.

At trial, Mr. Fitzgerald admitted liability. Thus, the case was tried on the issue of damages only.

Mr. Frejer presented medical bills, including bills for physical therapy,…