Miller v. Swift

KELLER, Justice.

I. ISSUE

In this automobile accident case, the jury awarded Susan Miller damages for medical expenses and lost wages but awarded no damages for pain and suffering by writing a zero (“0”) on that portion of the verdict form. Miller contends that the trial court erred in denying her motion for a new trial which alleged that the jury’s zero pain and suffering award was inadequate as a matter of law because it was inconsistent with the jury’s award of damages for medical expenses and lost wages. Because the evidence at trial supported a finding by the jury that Miller did not…