Thigpen v. Polite

The majority opinion notes that the appellees conceded “liability” in this case. It was more than a concession of “negligence.” One of the elements of the tort of negligence is damages. Dean Prosser stated the distinction as follows:

Negligence, as we shall see, is simply one kind of conduct. But a cause of action founded upon negligence, from which liability will follow, requires more than conduct. The traditional formula for the elements necessary to such a cause of action may be stated briefly as follows:

1.....

4. Actual loss or damage resulting to the interests of another. Since the action…