This case arose out of an automobile collision in which Defendant rear-ended Plaintiffs’ vehicle and allegedly caused injuries and damages to the driver and passenger. At trial, the parties stipulated to the amount of one Plaintiff’s past and outstanding medical expenses, which were presented as an exhibit to the jury and totaled $34,116.73. The stipulation of expenses noted that Defendant disputed that all charges were related to the accident at issue. The jury returned a verdict for that Plaintiff consisting of $3,000.00 for past medical expenses and $3,000.00 for past pain and suffering. The jury further found that the other Plaintiff was not injured as a result of the accident. Plaintiffs’ counsel filed a motion for new trial or additur, arguing that the jury verdict was inconsistent with the evidence presented at trial and inadequate to fairly and reasonably compensate Plaintiffs.
Thomas and Morgan resisted the motion, arguing that the record showed a history of prior medical treatment for the same complaints, that the jury was instructed it could believe all, part, or none of the witness’s testimony and determine the weight it should be given, and that counsel’s comments on what was an appropriate verdict were not evidence. The Court agreed with Thomas and Morgan and denied Plaintiffs’ motion.