Anderson v Sears - (i) were the damages awarded by the jury...

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Court: U.S.D.C. for the Eastern District of Louisiana 377 F. Supp. 136 (E.D. La. 1974) P171 Facts a. Plaintiff/Anderson Defendant/Sears b. Mildred Britain and her infant daughter severely burned by fire which was ignited by a defective Sears’ heater. Infant was almost burned to death. c. (1) C/A: (2) relief requested: (3) defenses raised: Procedural History: a. Lower court’s ruling(s): in favor of plaintiff b. Damages awarded: $2 million c. Appellant: Sears challenges the amount of damages awarded. Issues: a. substantive issue
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Unformatted text preview: (i) were the damages awarded by the jury at the trial court excessive in amount? (ii) b. procedural issue: Disposition (judgment): Motion for remittitur denied. Holding: The court found the max amount to be $2,980,000 Rule of Law or Legal Principle Applied: “maximum recovery rule” Reasoning: 5 Cardinal Elements of Damages: past and physical pain; future and mental pain; future medical expenses; loss of earning capacity; and permanent disability and disfigurement. Concurring/Dissenting Opinions: Additional Comments/Personal Impressions:...
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This note was uploaded on 10/21/2009 for the course ??? Torts I taught by Professor Ragan during the Fall '09 term at Florida Coastal School of Law.

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