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High court reverses damage award in personal injury suit Friday, Apr 14, 2006 Arkansas News Bureau LITTLE ROCK - The Arkansas Supreme Court on Thursday said a Sebastian County circuit judge made a mistake when he limited a damage award for a woman injured in a fight with another woman. The high court ordered Circuit Judge James Marschewski to amend an award for Candis Young's medical costs from $4,500 to $7,135. Young said in a 2004 court hearing that she incurred $7,135 in medical costs over a nine-month period as a result of her Oct. 6, 2003, scuffle with Maria Barbera. Marschewski ruled the medical bills were excessive and awarded her $4,500 in damages. The two women, both friends, fought over a dispute about whether Young stole a PlayStation belonging to Barbera's brother, according to a court filing. Young appealed the circuit court's ruling after she produced an affidavit from her chiropractor that said her treatment was necessary. The Arkansas Court of Appeals upheld the lower court's decision. In its ruling Thursday, the Supreme Court said Young adequately proved that the $7,135 in expenses was reasonable and necessary. Justice Tom Glaze disagreed with the majority of the court. He said a lower court judge should be free to consider evidence other than someone's medical bills to determine whether damages are unreasonable. |
