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Zittrain Torts Playlist Spring 2018
Emma McDougald et al., Respondents, v. Sara Garber et al., Appellants.
"The Comatose Sufferer"
Should courts be willing to grant awards for nonpecuniary damages?
During a C-section and tubal ligation, plaintiff suffered oxygen deprivation which resulted in severe brain damage and left her in a permanent coma. After the jury returned separate awards for "pain and suffering" and "loss of the pleasures and pursuits of life", the trial judge combined both of the awards into a single, smaller award.
New York Court of Appeals
73 N.Y.2d 246
1989-02-21
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