In workplace bullying cases, a finding of contributory negligence based on failure to make formal complaints requires evidence that complaint would have resulted in cessation of bullying or material alleviation of the victim's position; mere conjecture as to what complaint might have achieved is insufficient. Where the respondent's own expert diagnoses an ongoing major depressive disorder with significant medication requirements and permanent incapacity for pre-injury work, a jury award of $108,000 for pain and suffering may be manifestly inadequate. An appellate court may substitute its own award rather than remit for retrial where the plaintiff is psychologically vulnerable, only one head of damages is in issue, and there is a need for finality.
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