Daily Archives: July 30, 2014

The Divisional Court decision in Beraldo v. Janzic serves as a reminder that a suit is not determined by liability, but rather by damages.  Couched between an appellate recital on jury deference and the appropriateness of the charge, one finds an interesting proposition laid out: the presence of objective evidence supporting the existence of an injury does not necessarily entitle a plaintiff to compensation.

This case involved a motor vehicle accident, wherein the defendant admitted liability.  However, the question of damages was put to the jury.  Both parties submitted that some degree of compensation for the plaintiff’s injury was in order.

Supported by the opinions of a treating chiropractor, a psychologist, and a physiatrist, the plaintiff’s claim for pain and suffering was dismissed after the jury declined to award any compensation.  The plaintiff appealed.
The corner that there is no noise from, that cheapest cheap viagra we walk into to hide from the noise. Thus the effect of the medication last for up to 36 cialis 10 mg hours. If the sperm completely has no motility, it is called necrospermia. levitra order prescription It is estimated that over half of the patients with erectile dysfunctions actually felt that Muira Puama was proven to be effective in improving libido and sexual performance as well. cheap brand levitra
According to the Divisional Court, not all injuries justify compensation.  It was open to the jury to find that the injury was de minimis or unrelated to the motor vehicle accident. The onus was on the plaintiff to demonstrate otherwise.  This onus was not discharged.

Despite an admission of liability, the question of damages in a personal injury action should not be taken for granted.  Failing which, a plaintiff may be exposed to paying the defendant’s costs.  In a twist of irony, and perhaps adding insult to injury, the defendant’s costs on appeal were approximately equal to the damages the defendant had asked the jury to award the plaintiff in the first place.