AMI 2208 Measure of Damages—Scars, Disfigurement, and Visible Results of Injury

This clause is to be inserted between the two paragraphs of AMI 2201 when the evidence justifies its use.

This instruction properly defines a separate element of damage and not a factor to be considered in connection with plaintiff's embarrassment and mental anguish. Matthews v. Rodgers, 279 Ark. 328, 651 S.W.2d 453 (1983). The refusal to give it as written was held to be reversible error in Adkins v. Kelley, 244 Ark. 199, 424 S.W.2d 373 (1968).

This instruction is appropriate when there is evidence of deformity. Evidence of humiliation is not necessary. Butler Mfg. Co. v. Hughes, 292 Ark. 198, 729 S.W.2d 142 (1987), reh'g denied, 292 Ark. 198, 731 S.W.2d 214.

The comment to this instruction was cited in Jackson v. United States, 526 F. Supp. 1149 (E.D. Ark. 1981), aff'd, 696 F.2d 999 (8th Cir. 1982).