McDougald v. Garber
73 N.Y.2d 246 · New York Court of Appeals · 1989
Facts
Emma McDougald suffered severe brain damage and entered a permanent comatose state due to medical malpractice during surgery. A jury awarded her damages for conscious pain and suffering and a separate award for loss of the pleasures and pursuits of life. The trial court reduced these to a single award, and the defendants appealed, challenging the basis for nonpecuniary damages.
Issue
1. Is some degree of cognitive awareness a prerequisite for recovery for loss of enjoyment of life? 2. Should a jury be instructed to consider and award damages for loss of enjoyment of life separately from damages for pain and suffering?
Holding
1. Yes, cognitive awareness is a prerequisite for recovery for loss of enjoyment of life. 2. No, a jury should not be instructed to consider and award damages for loss of enjoyment of life separately from damages for pain and suffering.
Rule
Cognitive awareness is a prerequisite for recovery of nonpecuniary damages, including loss of enjoyment of life, as such damages are compensatory and require the victim to experience the loss. Loss of enjoyment of life is not a separate category of damages but is considered an aspect of pain and suffering to avoid duplicative awards and maintain the compensatory purpose of tort law.
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