Legal Opinion

McDougald v. Garber

New York Supreme Court

Decided July 1, 1986PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Ira Gammerman, J.

In this action to recover damages for medical malpractice, the jury awarded plaintiff Emma McDougald $9,650,102 and plaintiff Johnny McDougald $1,500,000. All defendants move to set the verdict aside maintaining that the award to plaintiff Johnny McDougald and certain portions of the award to Emma McDougald are excessive. Defendants also argue that it was error for the court to charge the jury that Emma Mc-Dougald could recover damages for loss of the enjoyment of life, even if. she was unaware of that loss and, further, to instruct the jury to make…

2Cases cited1 opinion

  1. Gallo v. Supermarkets General Corp.Appellate Division of the Supreme Court of the State of New York · 1985

3Cited by11 opinions

  1. Overstreet v. Shoney's, Inc.Court of Appeals of Tennessee · 1999
  2. McDougald v. GarberNew York Court of Appeals · 1989
  3. Andrulonis v. United StatesDistrict Court, N.D. New York · 1989
  4. Anna Rufino, as Guardian Ad Litem of Neil Rufino, and Anna Rufino, Plaintiffs v. United StatesCourt of Appeals for the Second Circuit · 1987
  5. McDougald v. GarberAppellate Division of the Supreme Court of the State of New York · 1988

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