DRD Pool Service, Inc. v. Freed

In this case, we are asked to determine two issues. First, we are asked to decide whether a jury may consider a claim for conscious pain and suffering when there is a reasonable inference of consciousness prior to the decedent’s death, but the length of that consciousness and evidence of pain and suffering during the drowning process are based on expert testimony rather than on eyewitness testimony. The petitioner, DRD Pool Service, Inc. (“DRD”), argues that a claim for conscious pain and suffering cannot be based solely on an expert’s opinion in the absence of any case-specific independent…