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Lynden Inc. v. Walker9/14/2001
nd prescription drugs, Walker provided no data on the cost of his potential future medical costs. He presented the court with a lump sum of $92,757.56 of past medical expenses, but did not break down the lump sum to demonstrate what various procedures or therapies cost. The jury therefore did not have adequate information before it on which it could have based an award of future medical costs, except for prescription drugs. Even though Dr. Cobden testified that Walker would require at least one more surgery, he did not estimate the cost of that procedure. We therefore vacate the award of future medical expenses and order a remittitur.
V. CONCLUSION
The superior court did not err in denying Lynden's motion for summary judgment and JNOV because Lynden had a duty to load its materials in a way that permitted them to be safely unloaded, and because there was a material dispute of fact whether Lynden breached its duty. The superior court did not err in permitting Burleson to testify as an expert. The jury instructions were not a misstatement of the law and were not so confusing that they failed to correctly explain the law to the jury. There was evidence supporting the jury's decision that Walker would incur future medical expenses, but there was not sufficient evidence in front of the jury to permit them to calculate damages. We therefore AFFIRM the judgment in all respects, but VACATE the damages award for future medical expenses and order a remittitur on that portion of the damages award.
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