Appeals Court Sends Omak Woman’s Injury Lawsuit Back to Trial Court
An Omak woman who sustained permanent nerve damage after stumbling over a city curb will get a new chance to fight for pain and suffering damages.
A jury initially found the state DOT liable in the accident and awarded 62-year-old Diana Robinson almost $93,000 to cover her medical costs, but gave her no other damages.
A local judge then denied her request for a new trial, but the state Appeals Court reversed that decision Thursday.
Robinson can once again seek pain and suffering damages, although it's not known when that process will start.
It took five-and -a -half-years to get the case in front of the Appeals Court
That’s where an engineer and human factors expert testified that the curb violated safety standards and presented a hazard to the public because of the sudden drop.
The Appeals Court concluded, “Because the evidence does not support the conclusion that Ms. Robinson suffered no pain or disability as the result of her injury, the trial court abused its discretion in denying her a new trial. Because the trial court did not make specific findings as to past and future noneconomic damages, both should be considered anew by the jury on remand.”