In Carr v. Cinnamon, a California appellate court applied the same rule we have here in Maryland: the finder of fact can award whatever they want for noneconomic damages, including zero even when it seems preposterous that a person could suffer medical bills and have no pain and suffering.
Plaintiff’s premises liability lawsuit alleged that her leg fell through the floor of a patio on defendant’s property. The jury found the defendant partially responsible and awarded a whopping $6,207.08 with no damages for pain and suffering. Improbably, Plaintiff’s attorney appealed, arguing that the damages award was inadequate as a matter of law and the trial court should have awarded damages (additur) or awarded a new trial.
The appellate court disagreed, finding juries can essentially do whatever they want. One thing is for sure: this jury was not a big fan of this plaintiff.