New trial where negligence found, but no damages awarded

In the case link below an en banc panel of the Superior Court in a 5-4 decision upheld the Dauphin County Court of Common Pleas decision to award a new trial on damages only where a jury found negligence was a substantial factor, awarded medical expense but NO award for pain and suffering. The Superior Court notes that there was specific findings by the trial court to find the jury's award unreasonable. The trial court detailed specific reasoning for finding the jury's award inappropriate and ordering a new trial on damages. Many thanks to PaTLA Past President Timothy A. Shollenberger, who argued for the plaintiff in this case.

http://www.courts.state.pa.us/OpPosting/Superior/out/e02002_03.pdf

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