A personal injury verdict which awards lost wages but nothing for pain and suffering may be against the weight of the evidence but is not necessarily inconsistent.

Photo by Matt Chesin on Unsplash

In Avery v. Cercone, 2019 Pa. Super. 366 (Dec. 23, 2019), the Superior Court of Pennsylvania held that a jury verdict in a motor vehicle accident personal injury case that awarded lost wages of $8,500 but nothing for pain and suffering was not necessarily inconsistent but might be against the weight of the evidence. Accordingly, the trial court should not have sent the jury back to continue deliberations but should have considered a motion for a new trial on the basis that the verdict was against the weight of the evidence and shocked the conscience.

Leave a Reply

Your email address will not be published. Required fields are marked *