WRIGHT v. CACCIUTTI et al
| Takeiya Wright |
| Terry Cacciutti, John Cacciutti, Plaza Properties Corp., Warren Toder and Pat Toder |
| Warren Toder and Pat Toder |
| Takeiya Wright |
| 3:2012cv01682 |
| August 23, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Outside State |
| Robert D. Mariani |
| Other Personal Injury |
| 28 U.S.C. ยง 1391 |
| Defendant |
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Filing
179
ORDER 1. The Post-Trial Motions of Defendants John Cacciutti and Terry Cacciutti (Doc. 164) are GRANTED IN PART AND DENIED IN PART, as follows: a.Defendants' motion for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50{b ) is DENIED. b. Defendants' motion to alter or amend judgment pursuant to Federal Rule of Civil Procedure 59(e) is GRANTED IN PART AND DENIED IN PART: i. Defendants' motion to alter or amend the jury award under Rule 59(e) for past medical expenses in the amount of one-hundred and twentyfive thousand dollars ($125,000.00) is DENIED but subject to the Court's grant of remittitur in section 1(g). ii. Defendants' motion to alter or amend the jury award for future medical ex penses in the amount of thirty-five thousand dollars ($35,000.00) is GRANTED and the amount awarded by the jury is STRICKEN. iii. Defendants' motion to alter or amend the jury award for past lost earnings in the amount of fifty-thousand dol lars ($50,000.00) and for future lost earning capacity in the amount of forty thousand dollars ($40,000.00) is DENIED. c. Defendants' motion for anew trial on the basis that the verdict sheet did not include Defendant Paul Benesz is DE NIED. d.Defendants' motion for anew trial on the basis that the Court erred in declining to charge the jury in accordance with the moving defendants' proposed point for charge no. 1and/or no. 4 is DENIED. e. Defendants' motion for a ne w trial on damages with respect to the jury's award of future medical expenses, past lost earnings, and future lost earning capacity is DENIED. f.Defendants' motion for a remittitur of the jury's award of future medical expenses, past lost earnings, and future lost earning capacity is DENIED. g.Defendants' motion for a remittitur of the jury's award of past medical expenses is GRANTED and the award for past medical expenses is reduced to zero ($0). Plaintiff shall f ile an acceptance or rejection of the remittiturwithin 14 days of the date of this Order.h. Defendants' motion for anew trial on damages with respect to past medical expenses is CONDITIONALLY DENIED subject to Plaintiffs filing of an acceptance of the remittitur of damages. 2. Should Plaintiff accept the remittitur, judgment shall be entered in favor of plaintiff Takeiya Wright and against defendants John Cacciutti and Terry Cacciutti in the amount of one hundred and sixty five hundred dollars ($165,000.00). Should Plaintiff reject the remittitur, anew trial only as to Plaintiffs past medical expenses shall be held. Signed by Honorable Robert D. Mariani on 6/11/15. (jfg)
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Filing
81
ORDER in accordance with the Court's Memorandum Opinion, IT IS HEREBY ORDERED THAT Defendants John and Terry Cacciutti's Motion for Summary Judgment (Doc. 56) is DENIED.Signed by Honorable Robert D. Mariani on 3/13/14. (jfg)
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