Olmstead v. Miller

I concur that Miller is liable and that Olmsteads’ action is not controlled by Chapter 26-41, N.D.C.C. But, I would hold that the evidence was sufficient to warrant submission to the jury of Olmsteads’ claim of damages for future suffering and medical expenses. I would also hold that evidence of the plaintiffs’ pecuniary circumstances was properly admitted. And, since plaintiffs are obviously entitled to compensatory damages, there is no reason to vacate the award of punitive damages.

*824Kevin testified that the physical effects of his injury continued up to the date of trial. This evidence…