Right v. Breen

Facts

Plaintiff stopped his vehicle at a red traffic light when it was struck from behind by Defendant’s vehicle. There was minor damage to the Plaintiff’s vehicle, but no physical injuries reported at the accident scene. Later, Plaintiff sued, alleging that as a result of Defendant’s negligence he had suffered bodily injury. At trial Plaintiff presented evidence that his injuries resulted from the collision, while Defendant presented evidence that the injuries resulted from Plaintiff’s five previous auto accidents. The jury returned a verdict of zero damages. The plaintiff filed a motion to set aside this verdict, arguing that he was entitled to at least nominal damages because he had suffered a technical legal injury that admittedly had been caused by Defendant. Defendant objected, arguing that although she had admitted to causing the collision, she had denied the causal relationship between the collision and the plaintiff’s alleged injuries. The trial court nevertheless granted the plaintiff’s motion and awarded nominal damages of $1. The appellate court affirmed. The supreme court reversed, finding that nominal damages should not have been awarded.