(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.)
Points and Authorities in Support of Plaintiff’s Motion for a New Trial
This case is admittedly one of contested damages and, as a result, highly contested liability. Mild traumatic brain injuries, such as that suffered by Dr. Black in Sacramento, are often difficult damages cases because the injury is not easily subject to objective medical confirmation and the proof of same is based wholly on the testimony of the subjective complaints of the plaintiff. When the credibility of the plaintiff is impugned, all aspects of the verdict are affected, despite the fact that the law requires that the separate issues of negligence and causation of any injury must be separately and fully assessed by the jury.
In this case, substantial evidence supported, as a matter of law, that Defendant Sylvia White was negligent, and that her negligence was the cause of at least a portion of Dr. Black’s injuries incident to the car collision. Accordingly, some measure of damages should have been awarded and would have been except for improper and prejudicial testimony and argument. Plaintiff maintains that liability, including substantial damages, should have been the verdict and contends in this motion that misconduct of counsel and error of law so prejudiced the jury that negligence was wrongfully decided. In this new trial motion, plaintiff contends that he was prevented from having a fair trial.
Plaintiff has concurrently filed a motion for judgment notwithstanding of verdict (hereinafter “JNOV”) contesting the sufficiency of evidence to support the defense verdict on the issue of negligence. In that motion, Plaintiff requests, as he is procedurally required, a new trial on the issue of damages alone. Alternatively, should the court deny Plaintiff’s request for a JNOV, Plaintiff brings the instant motion and requests a new trial on all issues. For the sake of judicial economy, Plaintiff incorporates by reference that motion in its entirety, including the introductory statement, argument, instances of Defendant’s insufficient evidence and supporting declaration. (See Part 2 of 12.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.