Smith v. Buzzelli
Smith v. Buzzelli
Opinion of the Court
This appeal stems from a jury verdict in favor of the plaintiff following a three car collision involving the plaintiff, the defendant, and a “phantom vehicle.” Although the appellant raises a number of issues on appeal, we write to address only one: the jury’s award of future medical expenses. Because we find that there was insufficient evidence to support such an award, we reverse that portion of the judgment.
At trial, both parties presented expert medical testimony regarding the nature and extent of Buzzelli’s injuries. It was the opinion of the plaintiff’s expert medical witness, Dr. Lehrman, that, as a result of the accident, Buzzelli had suffered a herniated disk.
Dr. Lehrman, however, also testified that the last time he examined Buzzelli he did not feel that “further ongoing therapy officially was necessary,” and that he did not expect Buzzelli to require a doctor in the future
Accordingly, we reverse the award of future medical expenses and remand with instructions that the judgment be so amended.
AFFIRMED in part and REVERSED in part.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.