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Torts keyed to Best
Klanseck v. Anderson
Citation:
393 N.W.2d 356Facts
Plaintiff purchased the item from Defendant. While driving the motorcycle home, he began to “fishtail.” He applied the brakes and the motorcycle went sideways, resulting in the accident.
After the accident, Plaintiff received sutures in his left arm, received an x-ray, and was then released. Just twelve days later, Plaintiff fractured his right wrist and was diagnosed and treated. Plaintiff alleges the injuries resulted in chronic pain and numbness in his left arm and hand, which interfered with his work (as an auto mechanic), and which eventually lead to a serious mental disorder.
During his treatment, Plaintiff sought the care of a neurologist over a year after the accident. He recommended several treatment options which Plaintiff did not pursue.
The jury instruction in Plaintiff’s claim against Defendant included a requirement he exercise “ordinary care,” for which he could not recover for damages he sustained as a result of a failure to exercise such care.
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