Tuesday, October 25, 2011

Gunn v. Robertson case brief

Gunn v. Robertson
Subject: Various types of damages.

-P sued on behalf of himself and wife and children for damages arising out of an automobile accident. 
-D in this case stated that the P’s need for surgery was caused not by the accident but by a pre-existing condition.
-Comparative Fault: 70% D, 30% P

Physical Pain and Suffering: $1,000 | $25,000
Past Medical Expenses: $1,700 | 13,942.19
Past Lost Wages: $5,400 | $5,400
Future Medical Expenses: $0 | $59,915.00

Pre-existing Spinal Defect (Egg Shell Plaintiff), should he be able to get future medical expenses that may have not been caused by the accident?

-A tortfeasor is required to pay for medical treatment of his victim, even over treatment or unnecessary treatment, unless such treatment was incurred by the victim in bad faith.
-In order to recover future medical benefits, the plaintiff must prove that these expenses will be necessary and inevitable. Future medical expenses must be established with some degree of certainty, and must be supported with medical testimony and estimation of probable costs.
-To recover for actual wage loss, a plaintiff must prove the length of time missed from work due to the tort and must prove past lost earnings.

Jury award amended (above).


When taking the final exam, if you see a person who is hurt and who is already weakened (for example, an individual with a pre-existing defect), consider this case. 
The law is that the defendant takes his victim as he finds him and is responsible for all natural and probable consequences of his tortuous conduct.When the tortfeasor’s conduct aggravates a pre-existing condition, the tortfeasor must compensate the victim for the full extent of the aggravation. Subsequently, a tortfeasor is required to pay for medical treatment of his victim, even over-treatment and any pertaining expenses that resulted from that defendant’s tortuous conduct

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