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Yellott v. Underwriters Insurance Co.8/31/2005 y dissent from that portion of the majority opinion finding that a de novo review of the record is required and in the subsequent reapportioning of fault. In my opinion, the record supports the jury's assessment of fifty percent of fault to each of the drivers. Further, I would affirm the jury's award for past loss of earnings and its denial of damages for future loss of earning capacity as again I find that the record offers support for these determinations.
I agree with the majority that a reduction in the damages for past, present and future medical expenses is warranted. I also agree that general damages must be awarded, however I would award a lesser amount than does the majority.
For these reasons, I concur in part, dissent in part.
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