Caison v. Cliff

PARKER, Judge.

The sole question presented is whether the trial judge erred in instructing the jury that there was not sufficient evidence to justify an award of damages for future pain and suffering and for failing to charge the jury as to permanent injury. We find no error.

To warrant an instruction permitting an award for permanent injuries, the evidence must show the permanency of the injury and that it proximately resulted from the wrongful act with reasonable certainty. While absolute certainty of the permanency of the injury and that it proximately resulted from the wrongful act need not…