Opinion
C.A. No. 98C-03-145-JEB
May 31, 2000
Dear Counsel:
This damages only case was tried to a jury which awarded plaintiff no damages. Plaintiff has moved for a new trial.
The collision on which this case is based was a low impact rear end collision. Plaintiffs primary complaint was of neck and back pain which was diagnosed by her physicians as the result of muscle strain. In addition she suffered an abrasion of the forehead.
Plaintiff argues that in the face of this evidence, which was not contradicted by any medical expert presented by the defendant, the verdict cannot be allowed to stand. Defendant, on the other hand, argues that plaintiffs complaints were by and large subjective in nature and due to other problems associated with her credibility, the jury was free to reject her claim of injury and to award no damages for the minor injuries which were objectively verifiable.
The Delaware Supreme Court in Maier v. Santucci , Del. Supr. 697 A.2d 747 (1987), has held that a jury is not justified in awarding no damages in the face of uncontradicted evidence concerning the existence of an injury. In view of this holding of the Supreme Court, this Court is constrained to Grant plaintiffs motion for a new trial.
IT IS SO ORDERED .