Thompson v. Kyles

WEBB, Judge.

The defendants’ first assignment of error raises the question of the propriety of a per diem or fixed formula argument to the jury by the plaintiffs’ attorney as to damages for pain and suffering by Billie Beth Thompson. A per diem argument is an argument to the jury to award damages for pain and suffering at a certain rate per day, hour, or minute of pain and suffering. The plaintiffs’ attorney in the case sub judice made the following argument to the jury:

“If you break this pain from days and you say how many minutes of some type of pain that is for you to decide over that…