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PAMELA YOUNG v. FANNIE ROBINSON

FEBRUARY 15, 1989

PAMELA YOUNG
v.
FANNIE ROBINSON



BEFORE HAWKINS, P.J., ANDERSON AND PITTMAN, JJ.

HAWKINS, PRESIDING JUSTICE, FOR THE COURT:

Pamela Young appeals from a judgment rendered against her in the circuit court of the First Judicial District of Hinds County in the amount of $63,600. The suit arose over a motor vehicle accident in which the plaintiff Fannie Robinson suffered personal injuries.

Most of Young's assignments of error deal with well-trodden paths in which we can find no solace for her, and there is no need to address them.

 One assignment, however, does merit discussion, and that is the fact that the jury was not instructed to reduce Robinson's damages resulting from impairment in future earnings to present net cash value. Because defense counsel did not request that the jury be instructed on this point of law, we affirm.

 At trial the plaintiff was granted the following

 instruction:

 INSTRUCTION NO. 12

 Your verdict shall be for plaintiff, Fannie Robinson. You may consider the following factors, if shown by a preponderance of the evidence, in determining the amount of damages, if any, to be awarded to Fannie Robinson:

 1. The injuries, if any, received by Fannie Robinson, and the length of their duration, if any;

 2. Past, present and future physical pain and suffering, if any, resulting from her injuries, if any;

 3. Past, present, and future mental anguish, if any, resulting from her injuries, if any;

 4. Reasonable medical expenses, if any incurred, and those that are reasonably certain to be incurred in the future, if any;

 5. Any future disability that is reasonably certain to occur, if any, its duration and its effect, if any;

 6. Income losses, if any, sustained by her to date and those that will be incurred in the future, if any.

 The Court further instruct[s] the Jury that there is no precise formula or yardstick by which you can fix with any degree of exactness compensation for pain, suffering and mental anguish, but the law contemplates that the jurors, exercising common sense and calling upon their experience in life, can find and determine fair, reasonable and adequate compensation for these items of damages, if any.

 When the instruction was being debated before the circuit judge, the ...


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