McDougald v. Garber

New York Court of Appeals · Decided 1989-02-21

Cited by 183 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

Titone, J. (dissenting). The majority’s holding represents a compromise position that neither comports with the fundamental principles of tort compensation nor furnishes a satisfactory, logically consistent framework for compensating non-pecuniary loss. Because I conclude that loss of enjoyment of life is an objective damage item, conceptually distinct from conscious pain and suffering, I can find no fault with the trial court’s i…

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