Giant Food, Inc. v. Satterfield
Court of Special Appeals of Maryland
603 A.2d 877 (1992)
Regina Satterfield (plaintiff) sued Giant Food (defendant) for negligence after slipping and falling in its store, and her attorney's closing argument suggested the jury calculate pain and suffering damages by multiplying $7.50 per day by her roughly 43 remaining years of life expectancy; the trial court denied Giant's request for a cautionary instruction that this per diem argument was not itself evidence. The jury awarded Satterfield $2,500 in past medical expenses and $40,000 in non-economic damages, and Giant appealed the denial of the cautionary instruction.
Whether, whenever counsel makes a per diem argument for pain and suffering damages, the trial court should instruct the jury that such an argument is not evidence but only a method for calculating damages.