Judge Larry Love
Baobob Inc. moved for reduction of jury damages award for past pain and suffering, while plaintiffs moved for additur of the jury award for future pain and suffering claiming the verdict deviated materially from reasonable compensation. A jury awarded Germain McDonald $500,000 for past pain and suffering, and $75,000 for future pain and suffering over 37 years. Dean McDonald’s loss of service claim was denied. It was undisputed Germain was struck on the foot by a mannequin head which fell from several feet up due to Baobob’s negligence. Baobob’s expert, and defendant claimed Germain had partial complex regional pain syndrome (CRPS), seeking to make a distinction between it and CRPS and claimed even if the injury of partial CRPS was accepted, it could not support the size of the verdict for past pain and suffering. The court agreed finding, after review, the jury verdict for past pain and suffering could not be supported by the weight of the evidence, and must be reduced to $250,000. It noted while Germain suffered an injury, the foot was not fractured, she did not have surgery, nor did she miss a day of work. Thus, Germain’s claimed nerve damage did not rise to the level of sustaining the jury verdict. Also, the award for future pain and suffering was found reasonable, and upheld.
