Damages

Question 1

eggshell skull rule

Answer 1

once ∆ harms π they cannot complain that too much damage was done because the π was too fragile

Question 2

eggshell skull π duty

Answer 2

to mitigate…The ∆ is only liable for the damage that the π could not have stopped by acting reasonably

Question 3

eggshell psyche

Answer 3

if the injury is only psychological and a reasonable person would not have suffered it then it is not actionable

Question 4

eggshell jury approaches (2)

Answer 4

permissive - jury can discount injury mandatory - must consider all injuries

Question 5

compensatory damages

Answer 5

Designed to price the π injuries and are considered an absolute entitlement - Ultimate test is what fairly and reasonably compensates the π

Question 6

factors for comp damages

Answer 6

• Nature and extent of the injuries - Diminished earning capacities - Economic conditions - π age to help determine lost wages - Comparison to the compensation in other cases with comparable injuries

Question 7

lawyers litigating comp damages: 2 things they say to juries

Answer 7

1. per diem - what would you want to be my client for a day 2. golden rule - what would you want to be payed to be my client permanently

Question 8

damage elements (4)

Answer 8

past, future, economic, non-economic

Question 9

collateral source rule

Answer 9

Juries can not be told about the πs compensation from another source (normally insurance company) for the same injuries - NY eliminated this for med mal suits

Question 10

punitive damages

Answer 10

meant to punish the ∆, only available where ∆ was wanton or willfull in harming the π - mere or gross negligence is not enough

Question 11

constitutional limits on punitive damages

Answer 11

gore 1. degree of reprehensibility 2. ratio to comp damages 3. sanctions for comparable conduct

Question 12

punitive damages - wealth

Answer 12

wealth of π is never considered - ∆ is considered to make sure they feel the blow of the pun