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Remedies Keyed to Kovacic-Fleischer, 8th
Boan v. Blackwell
Citation:
343 S.C. 498, 541 S.E.2d 242 (2001)Facts
Petitioners John and Donald Blackwell admitted liability in an automobile negligence case involving respondent Alicia Boan, leaving only the amount of damages for the jury to determine. During the jury charge on damages, the trial judge instructed that the jury could consider multiple elements including physical and mental pain and suffering, medical expenses, lost income, loss of enjoyment of life, and future damages reasonably certain to result from the injury. Petitioners objected to the charge, contending that loss of enjoyment of life and pain and suffering were essentially the same element of damages and allowing recovery for both would constitute double recovery. The trial judge declined to modify the charge based on this objection.
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