Madison Joo v. Gregory Corless, A-3033-23

Plaintiff Madison Joo was injured in a December 2019 auto accident and sought damages from the Corless defendants and underinsured motorist benefits from Farmers Insurance.
Joo settled with the Corless defendants before trial and proceeded only against Farmers Insurance for UIM benefits, claiming permanent injuries from the accident.
At trial, both plaintiff and her experts asserted new herniated discs and pain resulting from the accident, while the defense physician characterized findings as age-related degeneration and only temporary strain.
The jury found that Joo did not prove a permanent injury caused by the accident.
Joo requested a jury charge on aggravation of a preexisting condition, which the court denied, and the jury returned a verdict for Farmers Insurance; her motion for a new trial on this ground was also denied.
Joo appealed, arguing the trial court erred by not giving the aggravation charge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Should jury have been instructed on aggravation?	Medical evidence suggested accident aggravated preexisting issue	No medical evidence supported accident aggravated any preexisting injury	Aggravation charge not supported; refusing it was proper
Motion for new trial standard	Refusing the charge was a legal error that could cause injustice	Court followed evidence; plaintiff failed to elicit necessary testimony	No miscarriage of justice; denial of new trial affirmed

Hayes v. Delamotte, 231 N.J. 373 (N.J. 2018) (sets standard for appellate and trial court review of new trial motions)
Risko v. Thompson Muller Auto. Grp., Inc., 206 N.J. 506 (N.J. 2011) (clarifies deference for trial court’s “feel of the case”)
Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366 (N.J. 1995) (no special deference to trial court’s legal interpretations)
Edwards v. Walsh, 397 N.J. Super. 567 (App. Div. 2007) (jury charge on aggravation required only where evidence supports aggravation was caused by incident)