MARKS v. GASKILL

No. 50S03-9012-CV-779.

563 N.E.2d 1284 (1990)

Gary L. MARKS and Mr. Sanitation, Inc., Appellants (Defendants below), v. Donald E. GASKILL and Mary Ann Gaskill, Appellees (Plaintiffs below).

Supreme Court of Indiana.

December 13, 1990.


Attorney(s) appearing for the Case

Timothy J. Walsh, Edward N. Kalamaros & Associates, South Bend, for appellants.

Stephen L. Eslinger, South Bend, for appellees.


PER CURIAM.

This is the second in a series of cases presenting the issue of whether a trial court may properly allow a jury to consider the effect of an injury on the "quality and enjoyment of life" as a separate element when awarding damages in a personal injury action. The Court of Appeals held that such an instruction was improper. We agree.

On September 10, 1984, Gary L. Marks pulled his Mr. Sanitation garbage truck onto U.S. Highway 20 in Mishawaka and...

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