Isaac v. Remington College

GENOVESE, J.,

dissents and assigns the following reasons.

hThe majority finds no abuse of discretion by the trial court in its award of general damages in this case. I disagree.

The trial court stated the following in making its award for Ms. Isaac’s pain and suffering:

So, basically, what I’m saying is, at best, we’re looking at maybe a couple of months of aggravation of a pre-existing condition. I cannot exclude the fact that she may have been injured.
I’ll make an award of fifteen hundred dollars ($1500) pain and suffering for the aggravation of the pre-existing condition.

In my view, “a couple of months” aggravation of pre-existing injuries to plaintiffs knees and low back not only warrants but substantiates a general damage award for pain and suffering in excess of $1,500.00. I find such an award to be an abuse of discretion and- would increase the award threefold.