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Contracts Keyed to Farnsworth
Sullivan v. O’Connor
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Sullivan (P) entered into a contract with O’Connor (D), wherein D promised to perform two surgeries on P’s nose to enhance P’s appearance. After three surgeries on P’s nose, D failed to achieve the promised results. The surgeries performed by D actually worsened P’s appearance and further surgery would not improve P’s condition. The judge instructed the jury that: (1) P was entitled to recover her out-of-pocket expenses; (2) P could recover damages flowing directly, naturally, proximately, and foreseeably from the D’s breach; and, (3) P could be awarded pain and suffering on the third operation, but not the first two operations. The jury verdict awarded P $13,500. D appealed, claiming that the judge erred in allowing the jury to take into account anything but P’s out-of-pocket expenses.
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