Garfoot v. Avila

Opinion

BAXTER, J.

Statement of Facts and Proceedings Below

Plaintiff filed a negligence action against defendants for personal injuries sustained from a vehicle/pedestrian accident. Defendants admitted liability, and a jury trial was held on the issue of damages. Damages were sought for past and future medical expenses, lost wages, and pain and suffering.

Plaintiff’s counsel made a “per diem” argument to the jury for pain and suffering damages pursuant to Beagle v. Vasold (1966) 65 Cal.2d 166, 180-182 [53 Cal.Rptr. 129, 417 P.2d 673]. This argument suggests that the jury award a sum for each…