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THOMPSON v. KYLES

No. 7920SC509.

269 S.E.2d 231 (1980)

48 N.C. App. 422

Howard Grey THOMPSON and Billie Beth Thompson v. Tony Lester KYLES and Pine State Steel Corporation.

Court of Appeals of North Carolina.

August 19, 1980.

Attorney(s) appearing for the Case

VanCamp, Gill & Crumpler by James R. VanCamp and Douglas R. Gill, Southern Pines, for plaintiffs-appellees.

Stanley W. West, Sanford, for defendants-appellants.

WEBB, Judge.

The defendants' first assignment of error raises the question of the propriety of a per diem or fixed formula argument to the jury by the plaintiffs' attorney as to damages for pain and suffering by Billie Beth Thompson. A per diem argument is an argument to the jury to award damages for pain and suffering at a certain rate per day, hour, or minute of pain and suffering. The plaintiffs' attorney in the case sub judice made the following argument to the...

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