Scheduled Maintenance Notice: H2O will be undergoing maintenance on Weds, July 30. Some features may be temporarily unavailable during this period. Thank you for your understanding.

Main Content

Torts - Fall 2015 Reading Group

McDougald v. Garber

Should courts be willing to grant awards for nonpecuniary damages? During a C-section and tubal ligation, plaintiff suffered oxygen deprivation which resulted in severe brain damage and left her in a permanent coma. After the jury returned separate awards for "pain and suffering" and "loss of the pleasures and pursuits of life", the trial judge combined both of the awards into a single, smaller award.