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Torts Keyed to Goldberg
Nelson v. Dolan
Facts
Robert James Nelson, a seventeen year old, was driving a motorcycle while Kevin Coffin was on the back. At that time, Paul Dolan, Defendant, began following them in his vehicle. Nelson tried to lose Defendant, but Defendant simply sped up more and followed the motorcycle closer. There was a moment in which Defendant merely one or two feet behind the motorcycle. Once Coffin slapped the hood of Defendant’s vehicle, Defendant began to slow down. Nonetheless, the Defendant then sped up and struck the motorcycle, causing the two vehicles to become locked upon impact. The parties moved in tandem for about five seconds until the motorcycle hit a light post and fell beneath Defendant’s car. Nelson was killed instantly. His mother, Phyllis Nelson, Plaintiff, brought a wrongful-death action on behalf of Nelson’s next of kin and a separate survival action on behalf of Nelson’s estate. Before trial, the judge sustained Defendant’s motion in limine to preclude Plaintiff from offering into evidence: (1) the mental anguish suffered by Nelson in the moments before his death and (2) the mental pain and suffering sustained by Phyllis on account of Robert’s death. Defendant admitted that his negligent conduct caused Robert’s death. Thereafter, a jury awarded Plaintiff $37,968.26. Plaintiff appealed the trial court’s preclusion of evidence of pain and suffering.
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