Jeffrey J. Czuba receives affirmation of trial court’s denial for a new trial in automobile liability case.
Jeffrey J. Czuba recently received affirmation of the trial court’s denial of Plaintiff’s motion for a new trial from the Appellate Division in an automobile liability case. Czuba tried the case to conclusion before Hon. Heidi Currier, J.S.C. at the Middlesex County Superior Court in 2012. The matter arose out of a motor vehicle accident where Czuba’s client had impaired vision from the sun which led to him striking a utility pole which caused the traffic light to fall onto the roadway. Plaintiff who had been traveling behind Czuba’s client drove his vehicle over the pole and as a result alleged that he sustained multiple injuries directly related to the accident. At trial, Czuba pointed out that Plaintiff had a prior accident and subsequent accident with injuries to the same body parts. After deliberation, the jury assessed 80% liability against the Defendant and 20% liability against the Plaintiff for the happening of the accident and found that Plaintiff had failed to demonstrate that he sustained a permanent injury proximately caused by the accident.
Plaintiff subsequently filed a motion for new trial, which was denied and thereafter took an appeal. On appeal, plaintiff argued that the trial court abused its discretion in failing to grant plaintiff’s motion for a new trial. Plaintiff argued that the trial court failed to give the jury charge as to aggravation of a pre-existing condition; that the defense expert failed to testify in an honest, fair and impartial manner; and, that his own trial counsel committed plain error when he failed to address defense counsel’s attack on plaintiff’s credibility with respect to injuries sustained in a prior accident. The Appellate Division affirmed the trial court’s denial of plaintiff’s motion for a new trial.