Banks v. Sunrise Hospital
Supreme Court of Nevada
102 P.3d 52 (2004)
James Banks (plaintiff) had surgery on his rotator cuff at Sunrise Hospital (defendant). Banks suffered a heart attack while under anesthesia during the procedure. Banks never regained consciousness and remained permanently in a vegetative state. Through a guardian, Banks sued Sunrise for negligence. An economist testified during the trial that the pleasure of living denied Banks by his injury could be valued at $2.5 million. A jury awarded Banks over $5 million as the sum of damages for both the loss of enjoyment of life and for pain and suffering. The jury did not give a breakdown of the portion of its award attributable to the loss of the enjoyment of life and the portion attributable to pain and suffering. Sunrise appealed the award, arguing that the district court erred by allowing Banks’s economist to testify in regard to damages for the loss of enjoyment of life.
Rule of Law
Holding and Reasoning (Agosti, J.)
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