Calum Von Moger suffered an apparent self-inflicted injury while exercising at a gym. On the day of the accident, she was seen by a member of the public in distress. This member of the public saw Von Moger in a crutch, lying on the floor of the gym. The member of the public took it upon himself to take Ms. Von Moger to the local emergency room of an area hospital. When examined, it was determined that Ms.? Von Moger had not actually fallen but had in fact fallen and sustained an injury to the back of her leg. This personal injury was caused by the event of the accident, which caused her to fall.
The personal injury which occurred and the resulting medical expenses which resulted from this accident all constitute grounds upon which a claim for compensation can be made. The question before us is as to whether there is a likelihood of success on the basis of the evidence which has been presented by the defendants. The District Court Judge who originally heard the case instructed that the evidence would have to be excluded if it was known to be false or misleading. We are aware of no occasion in which such a ruling could be implemented. Accordingly, we are of the opinion that evidence tending to prove that the plaintiff’s injuries were self-inflicted should be excluded as contrary to the plaintiff’s right to recovery under section 5200 of the civil law principles of negligence.
In our view, the trial court did not err in allowing the jury to determine the liability of the defendants on the basis of the evidence that was presented. There is nothing in the record to suggest that the jury might have been confused as to the real cause of the accident. Accordingly, we affirm the judgment of the district court. We must, however, address the issue of damages. We conclude that if the evidence of an intentional act or failure to act is strong enough to establish the liability of the defendants for the pain and suffering that resulted from their wrongful acts, the damages are properly awarded to the plaintiff on the basis of the injury attorney’s calculations.
If the evidence reveals that the conduct of the defendants resulted in an accident, they may be ordered to pay personal and property damage damages. The injury attorney will make a calculation of these damages and ask the jury to further determine the amount of compensation to be awarded. The injury attorney will review this number with you and will present a proposed jury award on your behalf. This amount will be contingent upon the extent of damage. You will receive a check from the injury attorney to cover the costs of your attorney.
If the jury foreman or judge agrees with the proposed settlement amount, the case will be resolved and you will receive the agreed upon settlement. If the case does not resolve, the case will go back to the jury foreman or judge for final resolution. If the case does not resolve, you may submit a claim for damages to the court by filing a claim form with the clerk of court in the county where the accident occurred. The court will require you to provide all discovery and other documents relating to your claim. Once you file the claim form, the court will give you a certificate of judgment confirming the amount of damages.
Although Calum von Mogler may have been an outstanding contributory speaker at many important events, the true impact of her case was the resulting damage to her personal reputation. This accident greatly impacted both her ability to earn a living and provide for her family. In light of the fact that she was forced out of the industry due to her inability to continue presenting speaking opportunities, Ms. von Moglar never received the monetary compensation that would have otherwise been awarded to her on a full time basis.