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Rael v. F & S Co.

New Mexico Court of Appeals

612 P.2d 1318 (1979)

Relevant factsFree

After a firework injured young Everett's eye, his father Rael (plaintiff) sued the firework supplier Onda and seller F&S (defendant), and a jury awarded Everett $7,000 including future pain and suffering based on his complaints of ongoing headaches, with no expert medical testimony connecting the headaches to the accident or predicting their future course; F&S appealed the damages award.

IssueFree

Whether, in New Mexico, damages for future pain and suffering based on a subjective injury must be proved through expert medical testimony.

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