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March 24, 2020

Judge Says $500K Punitive Damages Award Likely Caused By Juror Prejudice And Passion

The Superior Court of Delaware has denied a request for judgment against an insurance company and ordered a new trial because the $500,000 in punitive damages was likely the product of passion or prejudice, according to a report in Legal Newsline. 

Judge Jeffrey Clark wrote that the lawyer arguing on behalf of the estate’s summation was “made without evidentiary support” and “likely inflamed the jury.” Judge Clark pointed out that, as a result, the court could not conclude that the jury’s decision regarding liability was made without being “affected by this passion or prejudice.”

The plaintiff Jason C. Powell, acting as an agent for the Estate of Mark Krieger, sued and won the $500,000 judgment against AmGUARD Insurance Co. after a jury found that AmGUARD had delayed Krieger’s Workers’ Compensation benefits for 72 days.

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