Choi v. Lawrence
This personal injury action arose out of an automobile accident. Plaintiffs, Young Pil Choi and Joo Yeon Baek, alleged a single cause of action for negligence. They appeal from a judgment entered on a jury verdict and an order denying their new trial motion. The jury awarded plaintiffs damages in the exact amount of the acupuncture and chiropractic expenses they incurred in the two plus months following the incident. Plaintiffs contend the damage awards are inadequate as a matter of law insofar as the jury necessarily found they were injured, but failed to award any amount for pain and suffering. Court find: there was conflicting evidence as to the nature and extent of plaintiffs accident-related injuries; given the conflicting evidence, the jury reasonably could conclude plaintiffs were entitled to recover medical costs for short-term treatment of soft tissue injuries; but they did not endure any significant physical pain, mental suffering, loss of enjoyment of life, physical impairment, inconvenience, anxiety, or emotional distress. Accordingly, Court conclude the evidence supported the jurys verdict and the trial court did not abuse its discretion in denying the new trial motion. Court affirm the judgment.
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