Legal Opinion
McDougald v. Garber
New York Court of Appeals
Decided February 21, 1989PublishedCited by 176 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Wachtler.
This appeal raises fundamental questions about the nature and role of nonpecuniary damages in personal injury litigation. By nonpecuniary damages, we mean those damages awarded to compensate an injured person for the physical and emotional consequences of the injury, such as pain and suffering and the loss of the ability to engage in certain activities. Pecuniary damages, on the other hand, compensate the victim for the economic consequences of the injury, such as medical expenses, lost earnings and the cost of custodial care.
The specific questions…
2Cases cited13 opinions
- Sharapata v. Town of IslipNew York Court of Appeals · 1982
- Howard v. LecherNew York Court of Appeals · 1977
- Mariner v. MarsdenWyoming Supreme Court · 1980
- Lebesco v. Southeastern Pennsylvania Transportation AuthoritySuperior Court of Pennsylvania · 1977
- Nussbaum v. GibsteinNew York Court of Appeals · 1989
8 more not listed; retrieve them via the Exa API.
3Cited by176 opinions
- Golden Eagle Archery, Inc. v. JacksonTexas Supreme Court · 2003
- McGee v. AC AND S, INC.Supreme Court of Louisiana · 2006
- In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability LitigationCourt of Appeals for the Second Circuit · 2013
- Bulala v. BoydSupreme Court of Virginia · 1990
- Enright v. Eli Lilly & Co.New York Court of Appeals · 1991
171 more not listed; retrieve them via the Exa API.