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Murphy v. Thomas6/13/2002
otwithstanding the Murphys' arguments to the contrary, we are satisfied from our review of the record that the trial court acted within its discretion and adequately stated the reasons for its additur decision. The court noted that: 1) "Mr. Murphy had no solid earnings evidence and was a terrible damage witness;" 2) Mrs. Murphy's story about walking the children in the mall was "unfortunate;" and 3) the Murphys' lack of credibility led the jury to discredit their doctors' medical testimony. These observations support the trial court's conclusion that the verdict was grossly inadequate and should be increased. The court properly set the amount of the additur in light of Murphy's medical expenses, the fact that he suffered pain from his injuries, and the fact that Mrs. Murphy suffered loss of consortium.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED.
Carolyn Berger Justice
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