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Eyoma v. Falco

Appellate Division of Superior Court of New Jersey

589 A.2d 653 (1991)

Relevant factsFree

Francis Coker suffered oxygen deprivation during a gallbladder procedure and remained comatose for over a year before dying. Mary Eyoma (plaintiff), as administrator of Coker's estate, sued the anesthesiologist and recovery-room nurse Linda Falco (defendant) for wrongful death and survival damages. The jury awarded $17,500 for loss of enjoyment of life, but the trial judge granted additur, raising the award to $150,000; Falco appealed, arguing the additur should be vacated because a comatose plaintiff cannot appreciate such a loss.

IssueFree

Whether a plaintiff who has been placed into a comatose state by a defendant's negligence is entitled to damages based on loss of enjoyment of life.

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