Nussbaum v. Gibstein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Thompson, J. P.
We address on this appeal, inter alia, whether loss of enjoyment of life is a compensable element of damages apart from a specific award of damages for pain and suffering. The trial court’s instructions to the jury and its submission of interrogatories permitted the jury to assess the loss of enjoyment of life as a distinct item of damages. Upon the facts of this particular case, we find that the trial court did not err in *195delivering a loss of enjoyment of life instruction in addition to the usual instruction pertaining to pain and suffering. The question of…
2Cases cited19 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Grunenthal v. Long Island Rail RoadSupreme Court of the United States · 1968
- Kavanaugh v. NussbaumNew York Court of Appeals · 1988
- Parilis v. FeinsteinNew York Court of Appeals · 1980
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3Cited by7 opinions
- McDougald v. GarberNew York Court of Appeals · 1989
- Maher v. Quest Diagnostics, Inc.Supreme Court of Connecticut · 2004
- Policastro v. SavareseAppellate Division of the Supreme Court of the State of New York · 1991
- Windisch v. WeimanAppellate Division of the Supreme Court of the State of New York · 1990
- Gonzalez v. Jamaica HospitalAppellate Division of the Supreme Court of the State of New York · 2006
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