Tuesday, October 25, 2011

Giant Food Inc. v. Satterfield

Giant Food Inc. v. Satterfield
Subject: Per Diem arguments.


FACTS
The plaintiff slipped and fell in a store, and sustained injuries in result to the accident. At trial, her counsel suggested a per diem argument for the jury.


ISSUE
Is a per diem argument valid in Maryland to award pain and suffering damages?
 

HOLDING
Yes, a per diem argument is valid to award pain and suffering damages in the state of Maryland.

 

RULES
Per Diem: Multiply days (life expectancy) by dollar amount.

[Arguments against and for].

-Per Diem argument is not evidence, but merely a method suggested by a party for the purpose of calculating damages.


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