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Eyoma v. Falco

Appellate Division of Superior Court of New Jersey
589 A.2d 653 (1991)


In 1986, Francis S. Coker was admitted to Hackensack Medical Center for a procedure to remove his gallbladder. After the operation, Coker suffered from oxygen deprivation while in the recovery room and subsequently entered a comatose state for over a year before dying. Mary Eyoma (plaintiff), the administrator of Coker’s estate, brought a civil suit in New Jersey against William Brotherton (defendant), the anesthesiologist, and Linda Falco (defendant), the recovery-room nurse, to recover damages for wrongful death and survival. At trial, the judge instructed the jury that survival damages could be awarded for Coker’s loss of enjoyment of life while in a coma. The jury awarded $17,500 for loss of enjoyment of life, but the judge granted Eyoma’s motion for additur and raised the amount to $150,000. Falco appealed, arguing that the additur should be vacated and that the original award should be reinstated.

Rule of Law


Holding and Reasoning (Shebell, J.)

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