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Hawkins v McGee
Author:- Sam
Biers
Facts: PL Hawkins underwent
surgery to graft skin from his chest to his hand under a doctors
guarantee that he could make the hand 100%. Pl ended up
after three surgeries with a hairy hand.
Issue: Whether jury
instructions were outside the law, and whether jury awarded
damages that were excessive and against the evidence?
Holding: Trial ct erred in
issuing jury instructions, allowing for pain and suffering.
Reversed.
Court Rationale: Difference
between the value of PL hand, under warranty, and the actual
value of the hand, are the only damages the jury should have
considered and been instructed on.
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