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McDougald v. Garber

73 N.Y.2d 246 (1989)

Tags: Torts, Excessive damages, Loss of enjoyment of life, Pain and suffering, Compensatory purpose

tl;dr: The jury awarded damages for loss of enjoyment of life and pain and suffering to Plaintiff in a coma; Court holds that both should be considered under pain and suffering, and that recovery requires an aware Plaintiff.

IRACIssue, Rule, Analysis, Conclusion

Facts & Holding

Facts:Defendant's malpractice left Plaintiff Emma McDougald in a "permanently comatose...

Holding:The New York Court of Appeals reversed.The Court notes that...

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Advice

BertieWilberfursWoofster

14:06

Generals' Retreat had a couple openings - in Lexington

BertieWilberfursWoofster

14:07

I found a place at another complex and I know there was a 2BR available (as of Thursday) - if you DM me on Reddit I can give ya the #!

LFCLawyer

14:10

I am still kind of biased toward the Clifton Forge area so that I can live with my girlfriend, but am definitely starting to consider places around lexington out of necessity\

LFCLawyer

14:15

@BertieWilberfursWoofster: What is your reddit username though?

BabyBorny

14:21

any cornell movement?

LivelyUnknownRattlesnake

14:29

hey does anyone know anything about the emory or ut austin wait list

WomanlyGentleGoat

14:31

ut austin says update by 6/24

WomanlyGentleGoat

14:31

emory tends to do things by snail mail

tsimm27

14:47

How can i find out how many minority scholorships were given out at USC?

GlizzyStones

15:03

I don't think that info is released for most law schools, just the amount of students that recieved scholarships.

YellowBelliedMarmot

15:24

Any WL waves today for T14?

TimesCrusader

16:04

just got cold called by the professor that runs my prospective scholar group and blew the phone call. feels horrid lmao

BertieWilberfursWoofster

16:24

@LFCLawyer: sorry!! it's Sydsjackal23

boredreceptionist

17:04

hello successful lawyer friends

CaractacusPot

17:23

Just got a feeler call from GULC

CaractacusPot

17:23

Now I’m excited for no good reason

CanadaGoose

17:23

@CaractacusPot: Nice! Did your GULC tracker change?

AbleFinnFang

17:24

@CaractacusPot: congrats dude :-)

mclstudent

17:28

@CaractacusPot: I hope you get in! I saw they've sent a couple As today

CaractacusPot

17:38

Thanks guys!

BabyBorny

17:39

Does anyone know what’s up with Cornell?

BabyBorny

17:39

When are they sending out decisions off the waitlist?

BabyBorny

17:40

Reserve list*^

Lilly

21:38

any1 waiting on Scalia?

LivelyUnknownRattlesnake

13:28

how goood of a sign is a feeler call

Doctorwatilist

14:16

Id love to find out one day

mclstudent

14:41

I feel like its a v good sign so long as you told them you would attend!

mclstudent

14:41

Is there a specific school?

Nitrox

1:46

Anyone notice movement for UChicago Law?

Nitrox

1:46

watilist