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Torts keyed to Best
Gunn v. Robertson
Citation:
801 So. 2d 555 (La. Ct. App. 2001)Facts
While driving in a car with his family, Randall Gunn’s car collided with James Robertson’s car. Unbeknownst to Gunn, Gunn had a lifelong spinal defect that presented after the collision, causing severe pain and the need for surgery. Gunn sued Robertson, claiming that the incident resulted in pain and suffering, lost wages, and medical bills.
A jury trial resulted in an award for Gunn. As L9uisiana is a comparative-fault jurisdiction, the jury found that Robertson was 70% at fault for Gunn’s injuries. The jury thus awarded Gunn $1,000 in pain and suffering, $1,700 in medical bills, and $5,400 in lost wages. Gunn appealed, claiming that the amount awarded by the jury was below any amount that a reasonable jury would award in his situation.
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