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Croley v. Republican National Committee9/21/2000
dence. The court reaches this conclusion because . . . the court believes the evidence was sufficient for the jury to find that the plaintiff was the victim of the negligence and assaultive behavior by the defendants. Moreover, the plaintiff testified that he suffered physical injury during the event and thereafter has suffered from post traumatic stress. The plaintiff has received medical treatment for the physical injury he testified he sustained and has received extensive therapy for what his expert witness testified was post traumatic stress, which she attributes to the encounter which resulted in the filing of the lawsuit. . . .
In addition, the trial court specifically disagreed "with the defendant's argument that the presentation of Dr. [Borzilleri's] testimony infected the entire verdict." Given this analysis, we see no abuse of discretion in the denial of the RNC's and Mr. Mills' motion for a new trial or remittitur.
Accordingly, for the foregoing reasons, we affirm the trial court's judgment in No. 99-CV-398, denying the appellees/cross-appellants' post-trial motions for judgment on Mr. Croley's assault, battery and negligence claims, and for a new trial or remittitur. In No. 99-CV-482, we affirm the trial court's judgment regarding punitive damages, and the exclusion of evidence concerning Mr. Croley's head or brain injury claim; but vacate its judgment pertaining to the award of lost future earnings and remand this matter with instructions to reinstate the $600,000.00 award for lost future earnings.
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