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Butler v. Neace

5/30/2003

nstruct the jury with respect to damages recoverable for future pain and suffering. That alleged error is harmless in light of the defense verdict. The jury was properly instructed to address a threshold issue before considering any element of damages. The jury decided that the plaintiff's reasonably necessary medical expenses had not exceeded $1,000.00; it also found that she had not sustained permanent bodily injury as a result of the collision. Those two findings completed and terminated any further considerations.


No other damages were recoverable. Consequently, arguments with respect to an alleged error in an additional damages instruction were foreclosed by operation of the verdict. Levi v. Gonzenbach, Ky. App., 33 S.W.2d 657 (1930).


The judgment is affirmed.


ALL CONCUR.






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