Rathbun v. Walker

Levine, J. (concurring in part and dissenting in part). I am unable to agree with the majority concerning the validity of the jury’s findings on damages. Unquestionably, plaintiff James Rathbun (hereinafter plain*718tiff) incurred painful and debilitating facial and head injuries as a result of the accident, including a fractured jaw, the loss of five teeth, a laceration of the lower lip and a deviated septum. He later developed an oral fistula and a nasal airway obstruction due to scarring within the sinus cavity. These were surgically repaired (along with the deviated septum) on two subsequent…