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NJ Appellate Division Reverses $1.00 Jury Verdict For Permanent Injuries.

May 10, 2010

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In Smithson v. Garcia, the Appellate Division reversed the denial of a new trial on damages where the jury found that plaintiff had sustained a permanent injury meeting the verbal tort threshold, but awarded nominal damages of one dollar. The Court found it clear that plaintiff's permanent injury stemmed from 2 herniated discs attributable to the motor vehicle accident and concluded that allowing the jury's one dollar damages award to stand would be manifestly unjust under the circumstances.
<a href="http://www.judiciary.state.nj.us/opinions/a2222-08.pdf">http://www.judiciary.state.nj.us/opinions/a2222-08.pdf</a>

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