Johnston v. Tueche

SHARP, W., J.

Johnston appeals a final judgment and order which granted Tueche’s motion for a *1283directed verdict and increased the damage award on past medical expenses. Tueche and Johnston were involved in a minor motor vehicle accident, caused when Johnston’s vehicle went through a stop sign as she was attempting to light a cigarette. In granting the motion, the judge determined that the jury could not divide or reduce past medical damages. We agree with Johnston that the damage award should not have been increased and reverse.

Prior to this accident, Tueche had received a concussion in a 1983…