Gainza v. Stearns

Appellant, Evelio Gainza (“Gainza”), appeals the denial of his motion for a new trial as to liability and damages. Appellee, Eugene Stearns (“Stearns”) cross appeals seeking a new trial limited to the amount of past medical damages only. We reverse and remand for a new trial on damages only.

This case arises from a personal injury action following a car accident in which Gainza incurred $17,861.00 in medical expenses and was diagnosed with a permanent spinal injury. During deliberations, the jury sent out several questions regarding Gainza’s medical bills. Specifically, the jury was concerned…