Ortega v. Belony

Milva Ortega (defendant) caused a car accident in which Blanchard Belony (plaintiff) broke his neck. Belony wore a halo—an orthopedic device used to immobilize a patient’s neck and head to treat a fracture of the neck vertebrae—for three months. Belony experienced pain and had trouble sleeping while he wore the halo. After three months, the halo was removed and Belony’s injuries had substantially healed. Although Belony still had mild neck pain, his doctors did not recommend further treatment. Approximately one year after the accident, Belony sued Ortega. Around this time, Belony also sought treatment from an orthopedic surgeon, who observed that his fracture had almost completely healed. Belony opted to have a series of injections to his neck that almost fully resolved Belony’s pain. By the time of trial, Belony had no trouble performing his normal activities and did not plan to seek future surgery. The jury awarded Belony $32,971 in past and future medical expenses but awarded him $0 for past and future pain and suffering. The trial court determined that the verdict was inconsistent and ordered the jury to reconsider its pain-and-suffering award. The jury subsequently awarded Belony $5,000 for pain and suffering. The trial judge found that the jury’s pain-and-suffering award was so low that it shocked the conscience and entered judgment for $250,000 in pain-and-suffering damages. Ortega appealed.