Pa. Justices Limit Ability To Order New Damage Trials

Law360 (November 18, 2020, 10:24 PM EST) -- The Pennsylvania Supreme Court said in a split opinion Wednesday that when considering ordering retrials, judges should discern whether properly-awarded damages in initial trials were fairly determined and independent from erroneously determined damages.

Justice Debra Todd, writing for the majority, said that in the instant case involving an injured construction worker who had been awarded a new trial on all damages, the past and future medical expenses he was awarded by a jury are discrete and independent from other damages such as pain and suffering. The majority found that the damages are not so intertwined that they all need to be relitigated....

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