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Sullivan v. O'Connor

Supreme Judicial Court of Massachusetts

296 N.E.2d 183 (1973)

Relevant factsFree

Alice Sullivan (plaintiff), a professional entertainer, contracted with Dr. James O'Connor (defendant) for two nose surgeries meant to improve her appearance; both operations worsened her looks instead, and a third corrective surgery also failed, with further surgery unable to fix the disfigurement. Sullivan sued for negligence and breach of contract, losing on negligence but winning on the contract claim, with the jury instructed it could award damages for out-of-pocket costs, disfigurement-related emotional distress given her profession, and pain and suffering from the third surgery; O'Connor appealed the resulting damages award as excessive.

IssueFree

Whether pain and suffering and emotional distress are available as contract damages under either an expectancy or reliance measure.

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