Mickens v. Misdom and City of Elizabeth
Plaintiff Jesse L. Mickens, Jr., was injured on January 8, 2010, when his automobile was struck by a pick-up truck owned by defendant, City of Elizabeth, and operated by defendant, Timothy Misdom. Plaintiff sustained a herniated disc as a result of defendants’ truck collision with plaintiff’s parked vehicle. The jury heard evidence that the herniated disc was surgically removed but the forty-year-old plaintiff has and will continue to live with persistent back pain and discomfort. The jury awarded plaintiff $2,400,000 for his disability, impairment, loss of enjoyment of life, and pain and suffering. In deferring to the jury’s assessment of the evidence and the trial judge’s “feel of the case,” the court affirmed the decision denying a new trial or remittitur because the trial judge found the verdict was not shocking to “the judicial conscience.” The court also recognized the judge’s decision was supported by his own conscience, which was derived, as permitted by He v. Miller, 207 N.J. 230 (2011), from the judge’s own experiences as a trial judge and practicing attorney. The case was decided January 7, 2015 by the Appellate Division.
From: NJLJ Daily Decision Update, January 7, 2015.