Marks v. Gaskill

This is the second in a series of eases presenting the issue of whether a trial court may properly allow a jury to consider the effect of an injury on the “quality and enjoyment of life” as a separate element when awarding damages in a personal injury action. The Court of Appeals held that such an instruction was improper. We agree.

On September 10, 1984, Gary L. Marks pulled his Mr. Sanitation garbage truck onto U.S. Highway 20 in Mishawaka and collided with a Pontiac automobile driven by Donald Gaskill. Gaskill suffered injuries to his leg and neck which required him to undergo surgery twice.