Maddox v. Rozek

The defendant appeals the decision of the trial court to instruct the jury on the future pain and suffering of the plaintiff even though expert testimony was not introduced in support. The jury signed a verdict form that awarded the plaintiff $10,000 for past and future pain and suffering. We hold that the nature of the plaintiff’s injury requires expert testimony to support an instruction on future pain and suffering and reverse for a new trial on damages.

Collis Maddox and Edward Rozek were involved in an automobile accident. Maddox sued Rozek for injuries, and the case was assigned to…