Damages

Question 1

Damages

Answer 1

Types:
* Compensatory/actual damages
* Nominal damages (small sum to show you were right)
* Punitive/exemplary damages (punish the defendant to deter others from acting in a similar manner

Question 2

Pure Economic Loss

Answer 2

• “Pecuniary or commercial loss that does not arise from actionable physical, emotional or reputational injury” (SoCal Gas)
• Plaintiff cannot recover for pure economic loss in negligence unless there is a special relationship or the loss is especially foreseeable and stated with particularity.

Question 3

Anderson v. Sears

Burned Baby

Answer 3

‘Maximum recovery rule’: the jury is directed to award a reasonable sum of damages and if the judge finds these damages to be excessive he may himself reduce the damages.

Question 4

Richardson v. Champman

Rear-Ended by a Truck

Answer 4

Damages are excessive if (1) they fall outside the range of reasonable and fair compensation, (2) they result from an emotional reaction or prejudice, (3) they are so great as to shock the conscience.

Question 5

Montgomery Ward v. Anderson

Discounted Medical Bills

Answer 5

Collateral-source rule: “[a claimant is allowed] to collect damages for medical and hospital care from the defendant even if he has insurance to cover it” (Black’s Law). Evidence that a plaintiff has already received money from the injury is inadmissible.

Question 6

Cheatham v. Pohle

Revenge Porn

Answer 6

A plaintiff has no constitutionally protected right to punitive damages. Instead, punitive damages are tools of the state to prevent wrongdoing.

Question 7

State Farm Mutual Automobile v. Campbell

Misinformed Liability

Answer 7

• Due Process clause prohibits excessive and arbitrary punishments. The USSC has established that in awarding damages, courts should consider (1) the reprehensibility of the misconduct, (2) the ratio of actual and potential harm and the punitive damages awarded and (3) the usual punitive damages awarded in similar cases.
• A single digit ratio of compensatory to punitive damages is usually appropriate.

Question 8

Daley v. LaCroix

Emotional Distress

Answer 8

A plaintiff cannot recover for emotional distress in negligence cases unless the emotional distress causes physical injury.