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Plaintiff’s Jury Award of $12,451,000 Not Set Aside By Judge - Ciolli v. Galley

posted Thursday, February 4, 2010 by Luke Zacharias

This matter proceeded to a six day jury trial which resulted in jury verdict of $12,451,000.00 in October 2009. 

The Defendants sought an order from the trial judge that the jury verdict should be rejected and a mistrial be declared.  The trial judge refused to agree to the Defendants' application.  The judge concluded that the matters before her were better dealt with on appeal. 

In particular, she found that "unless there is no evidence to support the jury's findings, a trial judge may not reject a jury's verdict."  She did not conclude that there was no evidence before the jury to support the verdict.

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Defendant’s Appeal of $80,000 Damage Award Dismissed - Romanchych v. Vallianatos

posted Thursday, February 4, 2010 by Luke Zacharias

The Plaintiff was awarded $80,000 for loss of earning capacity by the trial judge due to injuries suffered in a motor vehicle accident which occurred on July 4, 2006.  The Plaintiff suffered neck and shoulder injuries with associated headaches, as well as some subsequent jaw pain. 

The Plaintiff missed two days of work after the accident, however she had some difficulties at work because of ongoing pain. 

The Plaintiff was ultimately awarded $80,000 for loss of earning capacity.  The court refused to set aside the judge's findings, despite the fact that the judge did make a minor error in the evidence relating to the Plaintiff's wage when she changed jobs. 

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Plaintiff Awarded $67,150.49 for Soft Tissue Injuries to Neck, Back, and Knee - Donnelly v. Durham

posted Friday, January 29, 2010 by Luke Zacharias

This matter relates to a motor vehicle accident which took place on December 27, 2005.  The Plaintiff was rear-ended and her vehicle suffered $10,000 in damage.  The Plaintiff claimed to have suffered soft tissue injuries to her neck and back, as well as a right knee injury. 

The defence argued that the Plaintiff had not proved her right knee injury was related to the accident.  The Plaintiff was successful in proving that her knee injury was related to the accident as her doctor's medical evidence was preferred to that of the Defendant's doctor. 

The Plaintiff was provided with the following award:

             Non-Pecuniary Damages                        ...

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