Justice Jack Battaglia
Following a damages-only trial, jury awarded plaintiff Garcia total damages of $3,106,714, consisting of $500,000 for past pain and suffering, $900,000 for future pain and suffering, and $1,706,714 for future medical expenses, with the awards for the future intended to compensate plaintiff over 28 years. Defendants Sunrise One, LLC and Sunrise One Operating, LLC moved to set aside the verdict in its entirely, and for a new trial. Defendants contended that several instances of error or misconduct warrant a new trial, including the improper admission of testimony involving the plaintiff’s alleged inability to work especially when there was no claim for past or future wages and the improper preclusion of testimony regarding his immigration status. The court granted defendants’ motion to the extent that it set aside the jury’s award for future medical expenses as not supported by the evidence, as the award exceeds $1,389,239. The court also held that there must be a new trial on damages unless, within 30 days, the plaintiff files a stipulation agreeing to a reduction of the amount for past pain and suffering from $500,000 to $400,00, and a reduction of the amount for future pain and suffering from $900,000 to $600,000.
