Key v. Clegg

Abbott, J.:

This is an appeal by the plaintiff, Brian Key, from the trial court’s post-trial order that reduced the damages for personal injuries awarded to him by the jury at his trial.

The jury found that plaintiff was injured in an automobile accident. It apportioned fault 90 percent to the defendant and 10 percent to the plaintiff and awarded damages as follows: loss of wages, $12,500; automobile, $400; medical expenses, $1,000; and pain and suffering, $3,500. The jury further determined that plaintiff did not suffer “permanent injury within a reasonable medical probability.”

The trial judge…