McDougald v. Garber
73 N.Y.2d 246 · New York Court of Appeals · 1989
Facts
Plaintiff Emma McDougald suffered severe brain damage and entered a permanent comatose state due to oxygen deprivation during surgery performed by the defendants. A jury awarded her substantial damages, including separate awards for conscious pain and suffering and loss of the pleasures of life. The trial court reduced the awards, combining the nonpecuniary damages, and the Appellate Division affirmed.
Issue
1) Is some degree of cognitive awareness a prerequisite for recovering damages for loss of enjoyment of life? 2) Should a jury be instructed to consider and award damages for loss of enjoyment of life separately from damages for pain and suffering?
Holding
The court held that cognitive awareness is a prerequisite for recovery for loss of enjoyment of life. It also held that loss of enjoyment of life should not be considered a separate category of damages from pain and suffering, requiring a new trial on nonpecuniary damages.
Rule
To recover nonpecuniary damages for loss of enjoyment of life, the injured party must possess some level of cognitive awareness, as the purpose of such damages is compensation. Loss of enjoyment of life is not a distinct category of damages but rather an element to be considered within the broader award for pain and suffering, to avoid duplicative awards.
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