Legal analysis from Dean's Law Dictionary will be displayed here.

This section contains the nature of the case and procedural background.

Right (P) had stopped his automobile at a red traffic light when it was struck from behind by a vehicle driven by Breen (D). There was minor damage to P's vehicle, but no physical injuries were reported at the accident scene. P sued alleging that, as a result of D's negligence, he had suffered bodily injury leading to both economic and noneconomic damages. D admitted that the vehicle she was operating had struck P's vehicle. D denied that P's injuries and damages suffered were a result of her negligence. D contended that P's injuries were the result of various other automobile accidents. D had been in a 1989 head-on collision, an incident in the early 1990s in which he backed a vehicle into a pole, and a 1995 high impact collision in which P's vehicle was hit from behind on the highway-as well as accidents that occurred after the May, 2000 collision- a 2001 rear impact collision, and a 2002 low impact collision. The jury returned a verdict of zero economic damages and zero noneconomic damages. P moved to set aside the verdict and for additur, claiming he was entitled to at least nominal damages because he had suffered a technical legal injury that admittedly had been caused by D. The trial court granted P's motions, setting aside the jury's verdict and awarding P $1. P then filed a bill of costs. P was awarded $467.10 in nonmedical costs, in addition to the $1 nominal damage award, but denied the request for medically related costs. D appealed. The Appellate Court affirmed. This appeal resulted.

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