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$2,400,000 Verdict For Herniated Disc With Surgery

Dawn Pinnisi

May 22, 2019

Upheld By Superior Court Of New Jersey, Appellate Division

01/07/15 JESSE L. MICKENS, JR. VS. TIMOTHY S. MISDOM AND CITY OF ELIZABETH A-0326-13T3

Plaintiff sustained a herniated disc as a result of defendants’ truck collision with plaintiff’s parked vehicle. The jury heard evidence that the herniated disc was surgically removed but the forty-year-old plaintiff has and will continue to live with persistent back pain and discomfort. The jury awarded plaintiff $2,400,000 for his disability, impairment, loss of enjoyment of life, and pain and suffering. In deferring to the jury’s assessment of the evidence and the trial judge’s “feel of the case,” the court affirmed the decision denying a new trial or remittitur because the trial judge found the verdict was not shocking to “the judicial conscience.” The court also recognized the judge’s decision was supported by his own conscience, which was derived, as permitted by He v. Miller, 207 N.J. 230 (2011), from the judge’s own experiences as a trial judge and practicing attorney.

Dawn M. Pinnisi

Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.

University: J.D. Brooklyn Law School

Bar Number: 33771999

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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