Simeon v. Urrey

We respectfully dissent from that part of the majority’s decision reversing the jury’s award of no damages for future pain and suffering.

Plaintiff did not testify to any physical or emotional consequences resulting from her permanent scarring. Further, her own subjective testimony that her left arm is tender and aches under certain circumstances was contradicted by her orthopedic surgeon who read from the office notes of her final examination on January 3, 1997, nine months postaccident, that the metal plate permanently implanted in her left arm was completely nontender to touch. He confirmed…