McDougald v. Garber
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
This appeal presents the question of whether loss of enjoyment of life is an element of damages separate and distinct from conscious pain and suffering, and compensable even without the injured party’s cognitive awareness of his physical condition. The issues appear never to have been directly addressed by an appellate court of this State. Mindful but wary of the precedent which will be established, we find that loss of enjoyment is a damage element separate and distinct from pain and suffering, for which compensation may be awarded despite the injured party’s…
2Cases cited25 opinions
- Flannery v. United StatesWest Virginia Supreme Court · 1982
- Dudley v. . PerkinsNew York Court of Appeals · 1923
- Mariner v. MarsdenWyoming Supreme Court · 1980
- McAlister v. CarlCourt of Appeals of Maryland · 1964
- Lebesco v. Southeastern Pennsylvania Transportation AuthoritySuperior Court of Pennsylvania · 1977
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3Cited by16 opinions
- McDougald v. GarberNew York Court of Appeals · 1989
- John T. Ulrich, Cross-Appellee v. Veterans Administration Hospital and United States of America, Defendants- Cross-AppellantsCourt of Appeals for the Second Circuit · 1988
- Citron v. Northern Dutchess HospitalAppellate Division of the Supreme Court of the State of New York · 1993
- Andrulonis v. United StatesDistrict Court, N.D. New York · 1989
- Freeman v. KirklandAppellate Division of the Supreme Court of the State of New York · 1992
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