Damage award deemed within scope of evidence

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UNPUBLISHED

Appellant-Plaintiff Christina M. Striker (“Striker”) appeals the denial of her motion to correct error, which challenged the adequacy of damages awarded in her personal injury claim against Appellee-Defendant Courtney W. Sparkman (“Sparkman”). Striker presents the sole issue of whether the trial court abused its discretion by denying her motion to correct error, whereby she sought additur or a new trial. Striker argues that, in light of Sparkman’s failure to present contradictory expert testimony, her evidence was unrefuted and the jury awarded damages that were outside the bounds of the evidence presented.

Conclusion (slip op. at 5):  The damage award was within the scope of the evidence presented at trial. The trial court did not abuse its discretion by denying Striker’s motion to correct error seeking additur or a new trial. Affirmed.

Key Analysis (slip op. at 4, 5):  Sparkman did not challenge the propriety of individual medical expenses; nor did he present the testimony of an expert witness.  However, he elicited testimony tending to show that Striker did not require medical treatment as a result of the automobile collision after May of 2001 . . . The jury’s award will not be deemed the result of improper considerations if the size of the award can be explained on any reasonable ground.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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