Ezequiel Lugo obtained a favorable decision in an appeal from an order granting a new trial after the defendants rejected an additur.

A jury returned a verdict awarding the main plaintiff over $100,000 in economic damages and approximately $150,000 in non-economic damages. The jury also awarded the main plaintiff’s husband $20,000 for past damages and zero for future damages. The trial court granted the plaintiffs’ motion for additur and increased the main plaintiff’s non-economic damages to $276,500 and the husband’s future damages to $176,500.

On appeal, Ezequiel argued that additur was improper because the verdict was consistent with the evidence. Ezequiel noted that: (1) the jury heard disputed evidence of causation, permanency, and the main plaintiff’s pain; and (2) the husband testified he had separated from his wife and did not want money.