Banks v. Sunrise Hospital
Nevada Supreme Court
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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 725,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.