Damages

Question 1

Compensatory

Answer 1

goal is to put accident victim in the position prior to accident

• economic- out of pocket losses i.e. cost of loosing employment
• non economic- pain/suffering; i.e. non tanglible losses
  
  • hedonic damages- damages for the “loss of enjoyment of life”

Question 2

Punitive

Answer 2

only arises when dealing with some sort of “aggravated circumstances”, i.e. wanton behavior that awards damages expressing the communities outrage. This is where torts starts to move into criminal law (however, is not the norm).

Kemezy v. Peters- to establish grounds for punitive damages, the P os not required to introduce evidence about the D’s net worth.
1- They may be necessary when compensatory damages fail to fulfill compensations for P when harm has been done
2- Necessary to ensure tortious conduct is deterred.
3. necessary to ensure people engage in voluntary transactions through the market place to obtain compensation for damages property
4. provide victims with increased judicial remedies so they do not resort to violent self-help remedies if they are wrong

Question 3

Pain/suffering

Answer 3

McDougald v. Garber- P underwent a C-section, and during the surgery P was deprived of oxygen and suffered brain damage leaving her in a permanent coma

Rule: Some degree of cognitive awareness of loss by the P is a prerequistite to recovery for loss of enjoyment of life.

Held: Cognitive awareness is a pre-requistite . May not recover pain and suffering damages encompassing the measure of recovery. Can only compensate for pain/suffering before P went unconscious for any pain/suffering experienced when conscious

Question 4

Calculating Economic Losses

Answer 4

P was a cook aboard a tugboat. Fell and injured herself off the boat.

Rule: Calculations of awards for damages for lost future wages must take into account projected inflation and be discounted to the present value.

Question 5

Duncan v. Kansas City Southern Railway

Answer 5

Three sisters , all children of Duncan the (p) in the van which collided with a car owned by D. One sister was killed, one was rendered a quadriplegic, and one suffered less serious medical injuries.

Rule: an award of damages must be assessed on that which a reasonable trier of fact could assess for the effects of the particular plaintiff, under the particular circumstances

Holding: award general damages for Duncan’s injuries were excessive and must be reduced.
Court said Rachel’s life expectancy should be calculated based on a 57 year average for a person with similar spinal cord injuries versus an 81 year average for people without that kind of injury.

Damages beyond what would be expected by a reasonable trier of fact are considered excessive and should.ld be reduced.

Question 6

Wrongful Death

Answer 6

Two categories:
1- Loss to survivors- the D must only pay damages, only if if some beneficiary depended on the dependent for support
2. Loss to estate- damages will be awarded against the D even if the decedent had no dependents at the time of death

-Pure wrongful death actions, ward nothing for the decedents pain/suffering/medical expenses

Question 7

Survival of Personal Injury Actions

Answer 7

Measure of damages- usually compensation is allowed for the pain/suffering of the decedent before their death

Question 8

State Farm Mutual v. Campbell

Answer 8

Awards of punitive damages that exceed a single digit ratio between punitive and compensatory damages are usually grossly excessive and violate the Due Process Clause

1: 145 ratio was grossly excessive
1. the degree of reprehensibility of the D’s misconduct
2. the disparity between the actual/potential harm suffered by theP and the punitive damages award
3. the difference between the punitive damages awarded by the jury & the civil penalties imposed by the simmer cases.