Court evaluates verdict by head-injured employee against employer who assaulted him.
Kennedy Thomas sued Bobby W. Ferguson and Ferguson Enterprises, Thomas's employer, after Ferguson beat him with a pistol. Thomas secured a verdict against Ferguson that included pain and suffering, exemplary damages, past and future lost wages and past and future medical expenses. The workers' compensation carrier was denied a lien, since the verdict was actually against the employer, although workers compensation benefits were considered an offset against the verdict under the collateral source rule. The Court of Appeals also considered a range of addditional issues, including the number of experts who could properly testify, whether exemplary damages could be awarded, whether the verdict exceeded the range of reasonable outcomes, and whether it was against the great weight of the evidence. Ultimately, the Court required relatively minor adjustments to the judgment as entered.