Callaghan v. Yorston, Not Reported in Atl. Rptr., 2023 WL 3365041

Although the defendant admitted to liability for a motor vehicle accident, he strongly contested the plaintiff’s injury claim. At trial, the plaintiff presented evidence of her injuries through experts, medical records and photographs. The defendant’s medical expert could not testify to a degree of medical certainty that she did sustain an injury, but if she did, it would have been a sprain and strain. The jury did not award any damages to the plaintiff.

The Delaware Superior Court held that, while a jury has great latitude, “it cannot totally ignore facts that are uncontroverted and against which no inference lies.” Thus, a new trial was awarded to the plaintiff because the jury was obligated to enter a monetary award, even if it was nominal.