Agiz v. Heller Industrial Parks, Inc.
New Jersey Superior Court, Appellate Division
2018 WL 2089978 (2018)
- Written by Salina Kennedy, JD
Facts
Heller Industrial Parks, Inc. (Heller) (defendant) owned a large industrial park in which it permitted drag racing. Hussein Agiz (plaintiff) was severely injured when the motorcycle he was driving was hit by a drag-racing car. The jury found the driver who hit Agiz 60 percent liable and found Heller 40 percent liable. Agiz was awarded $4,355,515 for future medical expenses and $2,301,313 for future pain and suffering. The fact that the pain-and-suffering award ended in an uneven number raised the concern that the jury had a quotient verdict. Therefore, at the request of Agiz’s counsel, the trial judge polled the jury, asking only if each juror agreed with the verdict. Each juror agreed with the verdict, and the trial court entered judgment in the amount of the verdict. Agiz filed a motion for new trial. After extensive oral argument, the trial court, concerned that the jury had reached a quotient verdict, ordered a new trial solely on the issue of damages for pain and suffering. Heller appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.