Law360 (April 24, 2019, 5:48 PM EDT) -- A New Jersey appellate panel upheld a $350,000 award for a man disabled in a car crash with a so-called phantom driver, ruling Wednesday that a trial court had rightly retried the damages portion of the case and nixed a lowball award it deemed a “miscarriage of justice.”
The two-judge panel said that the lower court was correct in labeling the initial $25,000 award unjust after a jury found Encompass Insurance Co. liable for Samuel Medway’s permanent injuries and giving Medway a new damages trial, at which the jury upped the award fourteenfold, plus interest.
The Appellate Division rejected Encompass’ attempts to...
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