affirming general damage award of $24,000 for a 12-month soft tissue injury within trial court’s discretion
How later courts described this case
- affirming general damage award of $24,000 for a 12-month soft tissue injury within trial court’s discretion
Written by the judges who cited it.
The opinion
WICKER, J.,
concurs in part and assigns reasons.
hi agree with the majority that there is no evidence linking the plaintiffs disc injury and resultant surgery to the accident at issue. I respectfully concur, however, with the majority to express my view that we are constrained from finding an abuse of discretion in the $24,000 general damage award for the 12-month soft tissue injury. In written reasons for judgment, the trial judge stated:
The parties stipulated to total medical expenses in the amount of $41,030.20, but gave no breakdown or itemization, so it is impossible for this court to accurately determine damages.
I agree. This Court has no way to determine the medical bills for the pre-surgieal period.
Accordingly, I respectfully concur in the majority opinion.