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A 58-year-old gentleman on disability and his wife were driving from New York to Cincinnati, Ohio, when a semi tractor trailer went left of center, striking them head on. The wife was not injured. He sustained a mild TBI and multiple orthopedic injuries, all of which healed except for his left upper extremity. He did not lose any earnings. The primary dispute was whether the cap on damages for pain and suffering applied, or whether the 27-centimeter surgical scar on his upper arm constituted a permanent and substantial deformity which rendered the caps inapplicable.
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