Tucci v. Moore

BENTON, Judge.

On October 29,1989, Adelaide Moore’s car made an illegal left turn and collided with Sharon Tucci’s vehicle. Although liability was not contested, the amount of damages was. Tucci sought recovery for pain and suffering, plus $27,200 in compensatory damages. The jury awarded $3,225. The trial judge denied Tucci’s motion for a new trial, but then proceeded to grant additur for a total judgment of $9,534.41. The trial judge did not itemize the increased award, though he referenced “actual out of pocket damages” such as the costs of a rental car and a private masseur. Moore never…