Rasieleski v. Connor

NEALON, J.,

Plaintiff’s post-triai motion in this case raises the recurring issue of when a jury in a personal injury action may properly decline to award noneconomic damages to a plaintiff who has established the causal negligence of a defendant. Since the defense medical expert opined at trial that plaintiff’s alleged injury was not related to the tortious incident in question, the jury was free to accept the defense medical evidence as credible and to conclude that defendant’s negligence did not cause compensable pain. Therefore, there was a reasonable evidentiary basis for the jury’s…