years until the surgery was performed, after which pain was drastically relieved, but the residuals of numbness and recurrent aching continue to reappear.
In spite of his return to steady work after surgery, the record reveals that he has performed lighter work than his assignment previous to his injury. The record is replete with evidence upon which the jury might reasonably infer a definite impairment of earning power. Wages were lost in the amount of.$ 3,658.36 and medical bills incurred in the amount of $ 1,947.
As this Circuit has frequently reiterated, while an award may be high, it should stand if there is ample evidence to justify it. It is not my prerogative to arbitrarily substitute my judgment for that of the jury. Trowbridge v. Abrasive Co. of Philadelphia, 3 Cir., 190 F.2d 825; Lebeck v. William A. Jarvis, Inc., 3 Cir., 250 F.2d 285; Thomas v. Conemaugh & Black Lick Railroad Co., 3 Cir., 234 F.2d 429.
Upon re-examination and meticulous review of the record, I am satisfied that the award was commensurate with the amount of damages evinced therein.
Motion for new trial will be refused.
An appropriate Order is entered.
© 1992-2004 VersusLaw Inc.