MCDOUGALD V. GARBER
Jeep hit by giant tire. Held that the accident would not have occurred but for the failure to exercise reasonable care on the part of the person in control of the instrumentality. P does not have to eliminate all possible causes, only has to provide evidence based upon which reasonable persons can say its more likely than not there was negligence associated with the event.
• Question of whether or not damages for loss of enjoyment of life should be separate and in addition to damages for pain and suffering.
• court finds that excessive compensatory damages become punitive, which is only allowed in the case where there is malice or intent beyond negligence.
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