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Zimmerman v. Ausland
Oregon Supreme Court
513 P.2d 1167 (1973)
- Written by Sean Carroll, JD
Facts
The plaintiff was in a car accident caused by the defendant. As a result, the plaintiff suffered torn cartilage in her knee, which rendered her unable to perform her duties as substitute physical education teacher. The defendant procured expert testimony stating that if the plaintiff had the torn cartilage “surgically excised,” she should completely recover. Nonetheless, the jury awarded the plaintiff $7,500, including damages specifically for permanent injuries. The defendant appealed on the grounds that it was improper for the court to submit to the jury the question of whether the plaintiff’s injury was permanent.
Rule of Law
Issue
Holding and Reasoning (Tongue, J.)
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