Donnellan v. First Student, Inc.
Appellate Court of Illinois
891 N.E.2d 463 (2008)
Vincent Donnellan (plaintiff) suffered serious, permanent injuries after a school bus owned by First Student (defendant) rear-ended his van; First Student conceded negligence before trial. At trial, Donnellan and his wife testified about his ongoing pain and disability, and the jury viewed a short "day-in-the-life" video showing him receiving physical therapy despite First Student's objection that it received the video only the day before trial. The jury awarded Donnellan $6 million, and the trial court denied First Student's post-trial motions challenging both the damages award and the video's admission.
Whether an appellate court may reverse or modify a trial court's damages award only if the award is unfair, unreasonable, or so excessively large that it shocks the conscience.