McAfee v. Fickling & Walker Development Co.

Bell, Chief Judge.

In this personal injury suit, the plaintiff in her complaint limited her damages to $22,000 for pain and suffer*648ing and $480 for loss of earnings. No damages for medical expenses were pleaded. The jury returned the following verdict: "We, the jury, find for the plaintiff $480 earnings lost and actual medical expenses accrued upon proof of payment (no interest).”

This verdict was handed to the clerk, and exhibited to both counsel. An unreported colloquy between counsel and court ensued. Then the court instructed the jury that in its opinion the verdict in the form in which it…