MEMORANDUM

TO: Jane Smart

FROM: Tracy Johnson

DATE: March 9, 2021

RE: Damages for Mary Bowman

FACTS

Mary Bowman, our client, was in a car accident where she was T-boned when

proceeding through a green light and the defendant had ran a red light and struck the

side of her vehicle. Our client was taken to the hospital via ambulance where she was

kept for one week. She suffered internal injuries, a broken arm, and a broken leg. She

has been unable to return to work, as a teacher, and has had no sick time to cover lost

wages. Per her medical records there will be a permanent limp due to the injury to her

leg and will need rehabilitation for an undetermined amount of time for the injury to her

arm. Her insurance company has deemed the vehicle a total loss due to the accident.

ISSUE(S) PRESENTED

Is Mary entitled to damages as a result of the collision? What damages may she

be entitled to?

BRIEF ANSWER

Yes, Mary should be awarded general and special damages as a result of the collision.

ANALYSIS
 Mary Bowman should be awarded special damages in regards to her vehicle being

deemed a total loss, and medical expenses, rehabilitation services, and loss of income

as a result of her injuries due to the collision. She should see compensatory damages

awarded. “Compensatory damages compensate the plaintiff for losses incurred as a

result of a wrong”, Prior Lake State Bank v. Groth, 259 Minn. 495, 108 N.W.2d 619

(1961). Mary should see the amount her vehicle was worth at the time of the collision as

it was deemed a total loss and she will need to purchase a new one.

When speaking on her medical expenses, “Regarding medical expenses, any

medical expenses incurred must be reasonable and treatment must have been

reasonably necessary under the particular circumstances”, Birdsall v. Duluth-Superior

Transit Co., 197 Minn. 411, 267 N.W. 363 (1936). It was shown in her records that the

treatment was necessary as she had internal bleeding, a broken arm, and a broken leg

that needed to be tended to. There will need to be future medical treatment to ensure

everything is healing/healed properly which was stated in the need for rehabilitation

services. “For future medical expenses, plaintiffs must demonstrate that future medical

treatment is required and establish the amount of damages through expert testimony”,

Lind v. Slowinski, 450 N.W.2d 353, Minn. Ct. App. (1990).

Mary should also be awarded an amount due to her loss of income as a result of the

collision. “Although “economic loss” is not defined by statute, quantifiable future medical

expenses and loss of future earning capacity are entirely distinguishable****Additionally,

Minn. Stat. 65B.43, subd 7, defines “loss” as “economic detriment***consisting of

medical expense, and income loss***.” As a general proposition, medical expenses and

loss of income are clearly economic losses”, Kyute v. Ausland, 668 N.W.2d 698 (2003).
 Mary should also receive general damages for pain and suffering. When talking

about pain and suffering I wanted to look at a case where it was not awarded. “The

appellate court held that the district court did not err in denying the victim’s motions

[damages for pain and suffering] because: (1) conflicting medical evidence about the

victim’s injuries was presented at trial; (2) fault was neither clearly established nor did

either party admit fault; and (3) it was undisputed that her injury did not require surgery”,

Benson v. Selby-Dale Coop., Minn. App. LEXIS 1203 (2001). In our case it is the

complete opposite where there is no conflicting medical evidence, fault was clearly

established, and we can dispute that Mary’s injuries did in fact require surgery.

Furthermore, “Generally, where a defendant admits fault, and the damages sustained

by a plaintiff are clearly established and severe, damages for pain and suffering are

awarded”. Id.

CONCLUSION

Our client, Mary Bowman, should receive special damages for medical

expenses, rehabilitation services, loss of income, and the amount of the vehicle deemed

a total loss. She should also receive general damages for pain and suffering.