|By John W. Goodwin Jr., Vindicator, Youngstown, Ohio|
|McClatchy-Tribune Information Services|
Lucarell sued the insurance giant in
The eight-member, all-male jury spent two weeks listening to evidence in the case before returning a finding in Lucarell's favor. The jury awarded compensatory damages of
The award for punitive damages was
Lucarell had been seeking
The case was heard before visiting Judge
Lindsmith cited several past cases where the
Lindsmith argued that the compensatory award in the case should be capped at no more than
Reis told the court that the matter does not fall under the tort-reform statutes because the matter is work-related. The awards, he said, should be kept at the amounts awarded by the jury.
Reis said the cases used by Lindsmith to make his point before the court are no longer "good law" in that they have either been reversed or fall under older versions of tort-reform law.
There also was discussion on whether the verdict should be stayed until the judge has ruled on all the motions filed by Nationwide and if the insurance company should be made to hold a bond to insure payment of the awarded amount after the court issues have been ironed out.
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