Narrative Opinion Summary
Patricia Aeree appeals the final judgment favoring Ben’s Lawn Service, Inc. in her personal injury claim stemming from an automobile accident. The jury found Ben’s negligent, assigning 13% liability to them and 87% to Aeree, but awarded zero damages. Aeree's motion for a new trial, citing the inadequacy of a zero damages award despite the jury's finding of damages due to Ben's negligence, was denied by the trial court. The appellate court determined that awarding zero damages is improper when some damages have been suffered, as established in Cowen v. Thornton. Consequently, the court reversed the trial court's decision regarding damages and remanded the case for a new trial solely on damages, while affirming the jury's liability findings. Judges Whatley and Silberman concurred.
Legal Issues Addressed
Appellate Court's Authority to Remand for New Trial on Damagessubscribe to see similar legal issues
Application: The appellate court reversed the trial court's decision regarding damages and remanded the case for a new trial solely on damages, while affirming the jury's liability findings.
Reasoning: Consequently, the court reversed the trial court's decision regarding damages and remanded the case for a new trial solely on damages, while affirming the jury's liability findings.
Jury's Allocation of Liability and Award of Damagessubscribe to see similar legal issues
Application: The jury found Ben’s Lawn Service, Inc. negligent, assigning 13% liability to them and 87% to Patricia Aeree; however, they awarded zero damages, which was contested.
Reasoning: The jury found Ben’s negligent, assigning 13% liability to them and 87% to Aeree, but awarded zero damages.
Motion for a New Trial Based on Inadequate Damagessubscribe to see similar legal issues
Application: Patricia Aeree's motion for a new trial was denied by the trial court despite the jury's finding of damages due to Ben's negligence, leading to an appeal.
Reasoning: Aeree's motion for a new trial, citing the inadequacy of a zero damages award despite the jury's finding of damages due to Ben's negligence, was denied by the trial court.
Propriety of Zero Damages Award upon Finding of Negligencesubscribe to see similar legal issues
Application: The appellate court determined that awarding zero damages is improper when some damages have been suffered, necessitating a new trial on damages.
Reasoning: The appellate court determined that awarding zero damages is improper when some damages have been suffered, as established in Cowen v. Thornton.