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Torts Keyed to Duncan
Zimmerman v. Ausland
Citation:513 P.2d 1167 (Or. 1973)
The defendant admitted to causing the automobile accident which injured the plaintiff’s knee. At the time of trial, the plaintiff testified that she suffered from pain and swelling in the knee after walking and she was unable to participate in physical activities related to her job as a substitute physical education teacher. The plaintiff’s expert testified that people with plaintiff’s injury typically do not undergo surgery unless the injury was bothering the patient. The defendant’s expert testified that surgery would cure the plaintiff’s injury. The issue of compensatory damages went to the jury.
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Topic Refresher CourseNegligence: Joint Tortfeasors, Identification and Contribution