Tuesday, October 25, 2011

Rael v. F & S Co. (pain and suffering)

Rael v. F & S Co.
Subject: Pain and suffering.


The child plaintiff in this case was injured by a firework and sued for pain and suffering.


Two Pronged Approach for Pain and Suffering
1. Objective Injury - if plainly apparent, from the very nature, that the injured person will go through pain and suffering in the future, Pl. not required to prove the evident fact.
2. Subjective Injury - laymen cannot, with reasonable certainty, know whether or not there will be future pain and suffering, and to authorize a jury to return a verdict with instruction therefore, evidence must be offered by an expert witness.


-Subjective in this case: headaches in back of head. Cannot be deemed a matter of common knowledge. Jury should not have been instructed that it could award pain and suffering.

Not even the most experienced and learned physician can find a way or method of measuring pain and suffering.

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