Progressive Select Insurance Co. v. Lorenzo

The majority opinion poses a false dichotomy. The choice is not between a verdict that is inconsistent and one that is excessive, each cancelling the other. We are not called here to exercise a facility in nomenclature and taxonomy. Rather, the question presented is one of composition: whether the damages fixed for future medical expenses were legally precluded because of the Jury’s finding of no permanent injury.4 It is inconsequential to preservation that the damages for future medical expenses also had the ancillary effect making total damages excessive to that *280extent.5 Because the legal…