Belford v. Humphrey

The trial court permitted the jury to award damages based on permanent injuries and to compensate for future medical expenses. I would bold the submission of these issues to have been erroneous.

Where an injury per se does not show permanency to a reasonable degree of medical certainty, and where there is absent a medical opinion reasonably indicating permanency, the question of permanency should not be submitted to the jury. See St. L. I. M. & S. Ry. Co. v. Bird, 106 Ark. 177, 153 S. W. 104 (1913); Midwest Bus Lines v. Williams, 243 Ark. 854; and 85 ALR 1022. The recited requirements are…