Gregory Kisling v. Paul Grosz, Paul Grosz v. Gregory Kisling

Summary

The court affirmed the judgment awarding Grosz $300,000 in noneconomic damages after applying the jury's 25% allocation of fault to the $1.2 million damages finding. It held that comparative fault must be applied before determining whether a statutory noneconomic-damages cap limits the resulting recovery; because $300,000 was below the applicable $400,000 cap, no further reduction was required. The court did not reach Grosz's cross-appeal concerning the higher statutory cap because its sequencing decision made that issue immaterial.