Marcotte v. Timberlane/Hampstead School District

Because I disagree with the majority’s conclusions regarding hedonic damages and abatement of the verdict against the school district, I respectfully dissent.

*350 I. Loss of Life Damages

The majority concludes that under RSA 556:12 (1997) (amended 1997, 1998), the phrase “probable duration of his life but for the injury” plainly read allows for recovery of the loss of life or the quality of life, commonly referred to as “hedonic damages.” See BLACK’S LAW DICTIONARY 391 (6th ed. 1990). The majority, in my opinion, misconstrues both the statute and our prior case law interpreting the statute.

For…