context: Not only do the above-cited eases show that the jury award of $1 million for pain and suffering in this case was not excessive as a whole, but most of that award (70%) was for Mr. Carmody's past pain and suffering, which was unquestionably severe, and which ProNav barely challenges. Further, Mr. Carmody's injuries were not of the ordinary kind, and the seriousness of his illness, which nearly resulted in his death, makes this case more compelling than the garden-variety case involving an injury aboard ship.
citation_a.signal: see
citation_a.identifier: 925 F.Supp. 1025, 1025
citation_a.parenthetical: "[T]his case is set apart by the magnitude of the physical injuries suffered by the plaintiff."
citation_a.sentence: See, e.g., Shea, 925 F.Supp. at 1025 (“[T]his case is set apart by the magnitude of the physical injuries suffered by the plaintiff.”); see also Marcoux, 290 F.Supp.2d at 478 (although the jury verdict for pain and suffering was on the “high end of the spectrum ..., given the severity and debilitating nature of plaintiffs ... injuries, the award [was] solidly within that spectrum and fairly reflected] the nature and extent of the injuries sustained, the permanence and extent of the pain caused by those injuries, [and] the loss of enjoyment of life....”). On the facts and circumstances of this case, the jury’s award for pain and suffering does not shock the conscience, and, therefore, the Court will not disturb that award.
citation_b.signal: see also
citation_b.identifier: 290 F.Supp.2d 478, 478
citation_b.parenthetical: although the jury verdict for pain and suffering was on the "high end of the spectrum ..., given the severity and debilitating nature of plaintiffs ... injuries, the award [was] solidly within that spectrum and fairly reflected] the nature and extent of the injuries sustained, the permanence and extent of the pain caused by those injuries, [and] the loss of enjoyment of life...."
citation_b.sentence: See, e.g., Shea, 925 F.Supp. at 1025 (“[T]his case is set apart by the magnitude of the physical injuries suffered by the plaintiff.”); see also Marcoux, 290 F.Supp.2d at 478 (although the jury verdict for pain and suffering was on the “high end of the spectrum ..., given the severity and debilitating nature of plaintiffs ... injuries, the award [was] solidly within that spectrum and fairly reflected] the nature and extent of the injuries sustained, the permanence and extent of the pain caused by those injuries, [and] the loss of enjoyment of life....”). On the facts and circumstances of this case, the jury’s award for pain and suffering does not shock the conscience, and, therefore, the Court will not disturb that award.