Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Sullivan v. O'Connor

Supreme Judicial Court of Massachusetts
296 N.E.2d 183 (1973)


 

Facts

Alice Sullivan (plaintiff), a professional entertainer, contracted with Dr. James O’Connor (defendant) to perform two operations on her nose to make it more attractive. Dr. O’Connor performed the two surgeries but failed to improve her nose and instead worsened her appearance. After the first two unsuccessful surgeries, O’Connor performed a third surgery which failed to correct Sullivan’s disfigurement and further surgeries could not improve her appearance either. Sullivan sued O’Connor for negligence and breach of contract. Her negligence claim was denied but she won on the breach of contract count. The trial judge instructed the jury that damages could be awarded on the breach of contract claim to compensate Sullivan for both her out-of-pocket expenses and her disfigurement, related emotional distress considering the nature of her profession and pain and suffering for the third surgery. The jury awarded damages in an amount that substantially exceeded the amount of Sullivan’s out-of-pocket expenses. O’Connor appealed the amount of damages awarded.

Rule of Law

Issue

Holding and Reasoning (Kaplan, J.)

What to do next…

  1. 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. 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. Read more about Quimbee.

Here's why 408,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 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.

Questions & Answers


How is it possible that the video says pain and suffering can be awarded under restitution damages, but the rule states they are to be under compensatory or reliance damages?

Did the video mean to say reliance damages instead of restitution? Am I missing something here?

Want to see this answer?

Sign up for a free 7-day trial and get access to all answers in our Q&A database

Sign up for a FREE 7-day trial

Tempor minim nulla id mollit ullamco consequat aliquip adipisicing irure officia tempor. Magna sit eiusmod laborum proident laboris ex sunt. Non labore ex officia irure qui et laboris aliqua in minim. Labore velit aliqua proident officia cillum occaecat dolore tempor. Ullamco in consequat labore amet laborum proident reprehenderit anim cillum excepteur. Elit do nostrud nisi excepteur sit dolor pariatur fugiat. Nisi incididunt incididunt do est velit excepteur enim excepteur incididunt mollit pariatur. Irure tempor non in esse do. Laboris eiusmod in ad ut enim est duis ad sint veniam eiusmod.