Loth v. Truck-A-Way Corp.
California Court of Appeal
1Opinion of the Court
Opinion
ORTEGA, Acting P. J.
In this personal injury lawsuit arising from an automobile accident, the jury awarded the plaintiff substantial general damages, which was not in itself remarkable. What was unusual, however, was plaintiff’s expert economist’s testimony on “hedonic” 1 damages, or damages to compensate for the loss of enjoyment of life. The expert told the jury the baseline value of an average person’s remaining 44-year life expectancy is $2.3 million. He also explained that after adjusting the baseline value to account for the plaintiff’s expected lifespan, the jury could calculate…
2Cases cited34 opinions
- People v. KellyCalifornia Supreme Court · 1976
- Daly v. General Motors Corp.California Supreme Court · 1978
- Zibbell v. Southern Pacific Co.California Supreme Court · 1911
- McDougald v. GarberNew York Court of Appeals · 1989
- Martindale v. TennySupreme Court of Kansas · 1992
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