Have you ever read about a million dollar verdict in a case and think that’s the end of the story and that the “lucky” plaintiff actually received the full amount that was awarded by the jury? Think again….. Sadly for most people lucky enough to get a substantial verdict, the verdict is just the starting point in a second war to actually try to collect on the verdict. Defendants rarely accept the jury’s decision without endless appeals contesting every element of the trial and the jury’s judgment. And even worse, appellate courts routinely lower or even reverse the jury’s verdict substituting their judgment for the judgment of the jury that sat through the trial day after day and week after week.
A recent N.Y. case illustrates this point perfectly. The newspaper headlines about the case publicized the $14 Million dollar verdict in the N.Y. medical malpractice case. But the defendants appealed and the Appellate Court decided that a new trial was required. Why? The trial judge was allegedly too nice to the brain damaged plaintiff and to the jurors during this trial conducted at Christmas time. Huh? Isn’t a judge permitted to show basic civility and friendliness to the litigants and the jury? No, says the Appellate Division, 2d Dept. Keep reading for the gory details of this unfortunate case….