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.
Related cases
Lincoln General Insurance Company v. Detroit Diesel Corporation293 S.W.3d 487 (2009)In re Chicago Flood Litigation680 N.E.2d 265 (1997)2314 Lincoln Park West Condominium Association v. Mann Gin Ebel & Frazer Limited555 N.E.2d 346 (1990)Greco v. United States893 P.2d 345 (1995)Procanik v. Cillo478 A.2d 755 (1984)