Banks v. Sunrise Hospital
Supreme Court of Nevada
102 P.3d 52 (2004)
Relevant factsFree
James Banks (plaintiff) suffered a heart attack under anesthesia during rotator-cuff surgery at Sunrise Hospital (defendant) and never regained consciousness, remaining permanently in a vegetative state. Through a guardian, he sued Sunrise for negligence. At trial, an economist valued Banks's lost pleasure of living at $2.5 million, and the jury awarded him over $5 million as a combined sum for loss of enjoyment of life and pain and suffering, without breaking down the two categories. Sunrise appealed, challenging the economist's testimony on hedonic damages.
IssueFree
Whether a tort victim may generally recover damages for the loss of enjoyment of life.