An new trial will be held to determine how much Steven Vissagio should receive for injuries suffered in 2010
SUSSEX COUNTY -- A motorcyclist who claimed he was seriously hurt after being struck from behind by a vehicle has had his eight-figure award for pain and suffering stripped by a court.
An appellate court tossed the $20.2 previously awarded to man following a 2010 motorcycle accident. A new trial will be held to determine how much in damages Steven Visaggio should receive. A three-judge appellate panel Thursday overturned a 2014 verdict that awarded Steven Visaggio and his wife about $20.2 million. The panel also ordered a new trial, according to court papers.
Kurt Dorthe, the man whose pick-up truck struck the then 57-year-old in 2010, had appealed the jury's award, saying it was excessive.
The court said Dorthe was denied a fair trial and that the verdict was "grossly disproportionate to the injuries."
It also backed Dorthe's argument that the trial judge was wrong for not allowing photos and videos into evidence which allegedly show Visaggio working on a roof three years after the accident.
Visaggio said he suffered serious spinal, neck and shoulder injuries when his Harley-Davidson was struck from behind while stopped at a red light on Route 23 in Sussex Borough. In May 2014, Visaggio was awarded $15.5 million for pain and suffering and his wife, Barbara Ann was awarded $3.8 million. She was not aboard the bike.
Dorthe asserted Vissagio's injuries were relatively minor and were exacerbated by a pre-existing shoulder condition.
The total settlement, which included attorneys fees and prejudgment interest, was worth $20,213,393.72.
Jeff Goldman may be reached at jeff_goldman@njadvancemedia.com. Follow him on Twitter @JeffSGoldman. Find NJ.com on Facebook.