Tennessee Court Of Appeals Addresses Pain and Suffering Award

In the recent opinion in Adams v. Leamon, the Court of Appeals discussed whether an award of damages for pain and suffering arising from injuries sustained in an auto accident was excessive. This opinion provides insight into how the Tennessee courts should address the “non-economic” components of an award for car accident victims.

In Adams, the plaintiff was injured when his motorcycle collided with a vehicle being driven by the defendant and he filed suit claiming that the defendant driver’s negligence caused the accident. After a trial, the jury found that both parties were somewhat at fault, but held the defendant more at fault and awarded damages of $317,000. The damages award raised some eyebrows, apparently, because the plaintiff’s medical expenses were only $14,731. The primary driver of the verdict was an award of future pain and suffering in excess of $120,000 and future loss of enjoyment of life of approximately $156,000. The trial court believed that award was excessive, and therefore ordered a remittitur to $90,320. The evidence had shown that although plaintiff had broken ribs and minor injuries to his neck, shoulder, and hand, he did not miss any work. His main complaints were some ongoing pain, restricted movement, and a reduced ability to ride his motorcycle.

On appeal, the Court of Appeals reversed and ordered a new trial on damages only. The Court found that the trial court’s ordered reduction of the jury’s verdict from $317,000 to $90,320 essentially “destroyed” the verdict and could not be sustained. The Court of Appeals also agreed, though, that the award of $317,000 was excessive. In its opinion, the Court of Appeals quoted the Tennessee Supreme Court in discussing non-economic damages:

Damages for pain and suffering are awarded for the physical and mental suffering that accompany an injury. Damages awarded for loss of enjoyment of life are intended to compensate a plaintiff for the impairment of the ability to enjoy the normal pleasures of living. Assigning a compensable, monetary value to non-economic damages can be difficult. The assessment of non-economic damages is not an exact science, nor is there a precise mathematical formal to apply in determining the amount of damages an injured party has incurred. Thus, a plaintiff is generally not required to prove the monetary value of non-economic damages.

In pursuing injury claims in Tennessee, an injured victim and his or her attorney must at some point confront the difficult decision of how to value a claim for either settlement purposes or presentation to the jury. As the opinion above reveals, jury awards for non-economic damages are difficult to predict. A jury can award damages far in excess of the incurred medical expenses if the proof shows that the plaintiff’s life has been substantially affected. In our experience, one of the most important factors driving a jury’s determination will be the plaintiff — does the jury like the plaintiff? Is the plaintiff a deserving victim?


At the Law Office of David S. Hagy, PLC, we represent accident victims in pursuing all available compensation available. If you have been involved in a car or motorcycle accident, or have been injured in another incident due to someone else’s negligence, please contact us online or call 615-975-7882 to discuss your case.