Van Kirk v. O'TOOLE

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that where claim of injury was based on subjective complaints, it would be -8- J-A02012-20 reasonable for a jury to award zero damages for pain
• “the jury is free to disbelieve the plaintiff’s subjective complaints, any diagnoses based on subjective complaints, and the plaintiff’s doctor’s opinions and conclusions”
• “Of course, the jury is free 7 to disbelieve the plaintiff’s subjective complaints, any diagnoses based on subjective complaints, and the plaintiff's doctor's opinions and conclusions.”
• “The following evidence suggests that the pain was not severe enough to say that a zero verdict was unreasonable: . . . Van Kirk declined medical treatment on the scene.”
• “Even though every muscle strain causes pain, it does not follow that all muscle pain is compensable. Common experience tells us that some strains are worse than others and a mild strain may cause less pain than a dog bite.”

Source: CourtListener parenthetical corpus (CC0).