Beagle v. Vasold

417 P.2d 673 (1966)

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Beagle v. Vasold

California Supreme Court
417 P.2d 673 (1966)

  • Written by Craig Conway, LLM

Facts

Carl Beagle (plaintiff) and two other occupants of a vehicle driven by Kenneth Vasold were seriously injured when the car went over an embankment while rounding a curve. Kenneth was killed in the accident. Beagle filed suit against Elizabeth Vasold, Kenneth’s representative, and others (defendants), seeking approximately $61,000 in damages for his injuries. The trial court prohibited Beagle’s attorney from representing the value or amount of general damages sought by Beagle either in terms of a total sum or a specific sum for a specific time segment (called a per diem). The trial court informed Beagle’s counsel that the per-diem argument was not permitted, because it could be viewed by the jury as evidence. The jury held for Beagle and awarded him damages of $1,719.48. Beagle appealed.

Rule of Law

Issue

Holding and Reasoning (Mosk, J.)

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Casebooks

Torts

Key Terms

  • Pain and suffering damagesDamages awarded to compensate a plaintiff for physical or mental distress or injury caused by the defendant’s tortious conduct.
  • Per diem argumentA suggestion to the jury from a plaintiff that ongoing pain and suffering should be quantified by applying a specific dollar amount for each day of pain and suffering and then multiplied by each day that the pain and suffering is endured.

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