Weeks v. Holsclaw

EXUM, Justice.

The principal question raised by this case is whether a plaintiff seeking damages for pain may make what is commonly referred to as a “per diem” argument1 that the jury consider a formula by which a monetary value is assigned to a particular unit of time and this value is multiplied by the total number of such units during which the pain persisted. We hold that such an argument is permissible, but when it is used the trial judge should give appropriate cautionary jury instructions.

The parties stipulated that defendant Holsclaw was negligent in operating her automobile and caused…