Wallace C. Clissold and Ingebord Clissold v. St. Louis-San Francisco Railway Company

I respectfully dissent. The Court’s opinion, though purportedly based on Michigan law, pulls from thin air arbitrary figures as the maximum allowable award for each item of damages. These figures reflect neither the proof in the record nor the liberality of Michigan courts towards damage awards. Although I believe the District Court erred in several respects and that the damages awarded were too high as a result, I would remand the case to the District Court for correction of the errors and re-computation of the award.

I. Future Pain and Suffering

The Court claims that the award of $68,-390 for…