McKenzie v. Sevier (Signed Opinion)
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In this personal injury action, the Supreme Court affirmed in part and reversed in part the order of the circuit court denying Plaintiff a new trial on damages and imposing sanctions, holding that the verdict awarding no damages was inadequate.
Plaintiff sued Defendant for the intentional tort of battery. The jury found Defendant liable for battery but awarded Plaintiff no damages. The Supreme Court reversed in part, holding (1) because the uncontroverted evidence was not only that the battery caused Plaintiff's brain injury but also that Plaintiff suffered a traumatic brain injury for which he was not compensated, the verdict was inadequate; (2) the circuit court was within its discretion to require the parties to bear their own costs and to order Defendants to pay the costs of the jury trial; and (3) the circuit court did not abuse its discretion by imposing sanctions in the form of attorney fees where Defendants displayed a pattern of discovery misconduct.
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