Walsh v. Advanced Cardiac Specialists Chartered

OPINION

PE LANDER, Justice.

¶ 1 The issue presented is whether wrongful death claimants whose trial testimony on damages is uneontroverted, but who receive a jury verdict awarding zero damages, are entitled to a new trial on damages as a matter of law. We hold that a jury may award no compensation in these circumstances if it deems that award to be fair and just. Although a new trial is not automatically required, the trial court may grant one pursuant to Arizona Rule of Civil Procedure 59(a) if it determines the award is insufficient or not justified by the evidence.

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¶ 2 Jerome and Elizabeth…