Rash v. MoczulskiAnnotate this Case
A jury found that plaintiffs-appellants Andrew and April Rash "sustained one or more injuries proximately caused by" negligence on the part of defendant-appellee Justin Moczulski following an auto accident. However, the jury returned a zero verdict. Plaintiffs moved for a new trial. The Superior Court denied the motion for a new trial but imposed an additur of $10,000. Plaintiffs appealed, arguing: (1) the trial court’s denial of their motion for a new trial was an abuse of discretion; and (2) the award of$10,000 for additur was unreasonable. Defendants, Moczulski and Diamond Materials, LLC, cross-appealed, contending that the motion for a new trial should have been denied without additur. After review, the Supreme Court found that there were significant disputed issues concerning the nature and extent of Mr. Rash’s injuries as well as alleged failure on his part to mitigate his injuries through treatment. In its order denying plaintiffs’ motion for a new trial, the trial court observed that “the exact nature and extent of Plaintiff’s injury [and] Plaintiff’s failure to mitigate his injuries through treatment made identifying and compensating the injury quite problematic,” an observation with which the Supreme Court agreed. Under the circumstances of this case, the Court found no abuse of discretion in the trial court’s decision to award an additur.