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Jordan v. Bero

210 S.E.2d 618 (1974)

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Jordan v. Bero

West Virginia Supreme Court of Appeals

210 S.E.2d 618 (1974)

Facts

Russell Jordan, a minor, and his father, Norman Jordan (plaintiffs), sued Mr. and Mrs. Bero (the Beros) (defendants), the owner and driver of an automobile that struck and permanently injured Russell. At trial, an expert testified that the accident rendered Russell unconscious for six days and that Russell suffered a severe and permanent brain injury. The jury was instructed that it could, after finding liability, allocate a portion of its damages award to future damages if the jury found them to be warranted given the circumstances and evidence presented in the case. The jury awarded Russell $20,000, and Norman was awarded $6,000—both of which awards included amounts for future damages. The Beros appealed and argued that the evidence did not support instructing the jury on future damages.

Rule of Law

Issue

Holding and Reasoning (Haden, J.)

Concurrence (Neely, J.)

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