Denise Etling v. Donald L. Sander

FAIRCHILD, Circuit Judge

(dissenting).

I would reverse and direct a new trial. The jury allowed only special damages for injuries which were virtually undisputed. Those injuries must necessarily have caused pain and suffering. The verdicts were, in my opinion, inadequate as a matter of law because they allowed nothing for those elements of damage. The fact that the jury may have correctly decided that some of plaintiffs were attempting to exaggerate their injuries and properly rejected the excessive parts of their claims, does not justify granting them less than they were truly entitled to.

I do endorse Senior Judge Campbell’s comments concerning the too frequent failure of counsel to follow the Federal Rules of Appellate Procedure, printed in the Rules volumes of Title 28, U.S.C.A.