In addition to determining fault, juries are often tasked with the responsibility of setting damages, the amount an injured party may recover from a liable party. Obviously, most jury members are not experts who are perfectly capable of setting a damages amount with mathematical certainty, and even though expert testimony is often enlisted to help guide juries, jury verdicts are often hotly disputed. Although damages awards, like all jury determinations, are entitled to deference, a court does have discretion to alter a damages award it determines is too high or low. However, when a court exercises this power, disputes regarding the damages award are often just as bitter. Indeed, in a recent decision, Arnold v. Security Nat’l Ins. Co., the Fourth District Court of Appeal needed to address whether it was proper for a trial court to reduce a jury verdict the trial court considered excessive.
Arnold began with a car accident that left the plaintiff in this case seriously injured. The other driver did not have motor vehicle insurance, and the plaintiff brought suit against his personal uninsured motor vehicle insurance provider. In his complaint, the plaintiff alleged that he suffered physical, emotional, and financial damage as a result of the uninsured driver’s negligence. The case ultimately proceeded to trial, at which the plaintiff produced expert testimony related to the past and future medical expenses he would likely incur as a result of a herniated disc resulting from the accident. His insurance company argued, however, that the plaintiff’s injuries were a result of prior injuries and dissociated, natural degenerative conditions.