Smedberg v. Detlef’s Custodial Services, Inc.
Vermont Supreme Court
940 A.2d 674 (2007)
- Written by Salina Kennedy, JD
Facts
Jean Smedberg (plaintiff) slipped and fell in a hallway at her workplace, injuring her spine. The injury required Smedberg to undergo invasive spinal-fusion surgery. Smedberg sued Detlef’s Custodial Services, Inc. (Detlef’s) for negligence. At trial, Smedberg presented expert testimony detailing her injuries, the necessity of the surgery, and the surgery’s invasive nature. The jury found that Smedberg and Detlef’s were each 50 percent at fault and awarded Smedberg damages for lost wages and medical expenses, but not for pain and suffering. Smedberg moved for a new trial solely on the issue of damages or, in the alternative, for additur. The trial court denied Smedberg’s motion, and she appealed. After finding that the jury’s verdict was inconsistent and therefore erroneous, the Vermont Supreme Court considered the appropriate scope of a new trial.
Rule of Law
Issue
Holding and Reasoning (Reiber, C.J.)
Dissent (Allen, J.)
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