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  • Damages For Pain And Suffering












  • Damages For Pain And Suffering Are For The Jury To Decide

    Canterino v. Mirage Casino-Hotel, 16 P.3d 415, 418 (Nev. 2001):

    This court has held that damages for pain and suffering are peculiarly within the province of the jury. In Stackiewicz v. Nissan Motor Corporation, 100 Nev. 443, 454, 686 P.2d 925, 932 (1984), this court stated that the trial court cannot revisit a jury's damage award unless it is "flagrantly improper."

    In actions for damages in which the law provides no legal rule of measurement it is the special province of the jury to determine the amount that ought to be allowed, so that a court is not justified in reversing the case or granting a new trial on the ground that the verdict is excessive, unless it is so flagrantly improper as to indicate passion, prejudice or corruption in the jury. . . . The elements of pain and suffering are wholly subjective. It can hardly be denied that, because of their very nature, a determination of their monetary compensation falls peculiarly within the province of the jury. . . . We may not invade the province of the fact-finder by arbitrarily substituting a monetary judgment in a specific sum felt to be more suitable.

    Stackiewicz, 100 Nev. at 454-55, 686 P.2d at 932 (quotations and citations omitted). The mere fact that a verdict is large is not conclusive that it is the result of passion or prejudice. Id. (citing Beccard v. Nevada National Bank, 99 Nev. 63, 66 n.3, 657 P.2d 1154, 1156 n.3 (1983)).

    In view of the uncontradicted evidence of Canterino's damages, it cannot be said that the jury's award was excessive. Furthermore, one of the district court's findings in support of reducing damages was that "the plaintiff does not present visible injury that can support such a verdict." There is no dispute that the injury was not outwardly visible since the principal injury was neurological and the brain damage resulted in a total change in personality and lifestyle. The finding that an injury is not outwardly visible is an inappropriate basis for ordering a remittitur.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

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