In its non-precedential decision in the case of Banasiak v. Robinson, No. 2041 EDA 2023 (Pa. Super. Feb. 24, 2025 Olson, J., Dubow, J., and Lane, J.) (Op. by Olson, J.), the Superior Court sent a zero verdict case back down the appellate ladder for a new trial.
According to the Opinion, the Plaintiff was run over by the Defendant’s truck and eventually had to have a leg amputated.
At trial, a jury awarded the Plaintiff his medical expenses but award zero for pain and suffering.
The appellate court ruled that the zero award for pain and suffering was against the weight of the evidence. The court also found that the zero award to the Plaintiff’s wife for loss of consortium was likewise against the weight of the evidence.
Here, the court confirmed that the Defendant did not offer any expert evidence contesting the causation of the Plaintiff’s injury. The Superior Court also reiterated the rule of law that a jury cannot disregard an obvious injury.
The court found that there was no reasonable basis for the jury to believe either that the Plaintiff did not suffer pain or that the Plaintiff’s pain was not caused by the Defendant’s negligence.
As such, the case was remanded to the trial court for a new trial.
Anyone wishing to review a copy of this non-precedential decision may click this LINK.
I send thanks to Attorney James M. Beck of the Reed Smith office in Philadelphia for bringing this case to my attention.