Cominsky v. Donovan

¶ 1 We decide whether the trial court erred in admitting lay witness testimony about the pain and suffering experienced by someone in a persistent vegetative state. We reverse and remand for a new trial on damages only.

¶ 2 Plaintiff-appellee Seymour Comin-sky1 filed this action on behalf of himself and the Estate of Pearl Cominsky, his wife, against defendant-appellant Holy Redeemer Health System, alleging that the appellant’s negligence during post-operative care caused Pearl’s brain injury and ultimate death. Appellee presented evidence that, as a result of the negligence of appellant’s…