Legal Opinion · Concurrence

McGraw v. Jones

Supreme Court of Arkansas

Decided June 29, 2006No. 06-00048Published

1ConcurrenceTom Glaze, Justice

Although recovery will not be denied merely because the amount of damages is hard to determine, damages must not be left to speculation and conjecture. Vowell v. Fairfield Bay Comm. Club, Inc., 346 Ark. 270, 58 S.W.3d 324 (2001); Dawson v. Temps Plus, Inc., 337 Ark. 247, 987 S.W.2d 722 (1999). I agree with the majority opinion that this case must be remanded for a new hearing on damages. It is well settled that the mere fact that a plaintiff has incurred medical expenses and the defendant’s liability has been established does not automatically translate into a damage award equal to those…

2Cases cited5 opinions

  1. Dawson v. Temps Plus, Inc.Supreme Court of Arkansas · 1999
  2. Vowell v. Fairfield Bay Community Club, Inc.Supreme Court of Arkansas · 2001
  3. Volunteer Transport, Inc. v. HouseSupreme Court of Arkansas · 2004
  4. Depew v. JacksonSupreme Court of Arkansas · 1997
  5. Young v. BarberaSupreme Court of Arkansas · 2006

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