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Torts keyed to Robertson
Banks v. Sunrise Hospital
Facts
The plaintiff went into the hospital run by the defendant in order to have Rotator Cuff surgery. While he was in surgery he had a heart attack, which caused to remain in a vegetative state. Plaintiff sued the defendant through a guardian, arguing negligence on the part of the hospital. An economic expert testified that the victim’s loss of enjoyment of life could be valued at around $2.5 million. The jury awarded the plaintiff $5 million in damages stemming from pain and suffering along with lose of enjoyment of life, without explanation as to what money was for pain and suffering and what was for loss of enjoyment of life. The defendant argued the court erred in allowing the expert to testify.
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