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Damages – Comparative Negligence

By: Derek Hawkins//December 9, 2019//

Damages – Comparative Negligence

By: Derek Hawkins//December 9, 2019//

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7th Circuit Court of Appeals

Case Name: Kevin Clanton v. United States of America

Case No.: 18-3060

Officials: RIPPLE, ROVNER, and BARRETT, Circuit Judges.

Focus: Damages – Comparative Negligence

For four years, nurse practitioner Denise Jordan treated Kevin Clanton’s severe hypertension. Jordan, an employee of the U.S. Public Health Service, failed to properly educate Clanton about his disease or to monitor its advancement. Clanton’s hypertension eventually developed into Stage V kidney disease requiring dialysis and a transplant, and he sued the United States under the Federal Tort Claims Act for Jordan’s negligent care. After a five-day bench trial, the district court found the United States liable. The court determined that Clanton had not contributed at all to his own injuries, noting that Clanton did not understand why it was so important to take his medication and to attend all appointments. The court awarded Clanton nearly $30 million in damages. The government appeals the court’s comparative-negligence determination and three aspects of the court’s rulings on damages. We agree with the government that the court erred in its analysis of comparative negligence, so we vacate the judgment and remand for the court to apply the proper legal standard. As for damages, however, we find no reversible error.

Vacated and remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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