Justice Douglas McKeon
Hodge moved to vacate the damages portion of a verdict rendered in a summary jury trial (SJT), seeking a new SJT for damages for personal injuries, including a fractured femur requiring surgery, he allegedly sustained from a car accident with Simpson. The parties agreed the case would be an SJT, but stipulated a high/low agreementHodge would recover no less than $25,000 and no more than $150,000. The jury found both parties negligent and the proximate cause of the accident, yet declined to award Hodge any damages, and he argued the verdict was inconsistent. The court stated where evidence established Hodge suffered an injury requiring medical treatment, the jury’s failure to award damages for pain and suffering was contrary to a fair interpretation of the evidence, constituting a material deviation from what would be reasonable compensation. Yet, it stated as Hodge’s argument to set aside the damages portion did not relate to an inconsistency in the verdict, the court did not violate the local rules of the court, and his motion was denied. The court noted Hodge was not left without a remedy as the stipulation allotted him $25,000 in damages.
