NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued May 21, 2013
On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. L-5135-10.
David A. Nitti argued the cause for appellant (Law Office of Michael A. Percario, attorneys; Mr. Nitti, on the brief).
Peter DeSalvo, Jr., argued the cause for respondents (Soriano, Henkel, Biehl & Matthews, attorneys; Mr. DeSalvo, on the brief).
Before Judges Fisher and Alvarez.
On July 26, 2008, while stopped at a red light, plaintiff Tammy Carmello was struck from the rear by a vehicle operated by defendant Mandeep Singh, an employee of defendant Rintel Distributors, Inc. As a result, plaintiff filed suit to recover for injuries to her right shoulder, neck, and lower back, for which she received surgical and other treatment. The matter was tried solely as to causation and damages. The jury was asked to answer these two questions on the verdict sheet:
1. Did the Plaintiff, Tammy Carmello, sustain an injury as I have defined it to you proximately caused by the motor vehicle accident on July 26, 2008?
Yes__ No X Vote 6-0
If you answered Question #1, "Yes, " proceed to Question #2.
If you answered Question #1 "No, " cease all deliberations and return your verdict
2. What amount of money would fairly and reasonably compensate the Plaintiff, Tammy Carmello, for the past, present and future pain and suffering, disability and impairment, and loss of enjoyment of the life suffered as a result of the injuries ...