McDOUGALD v. GARBER


73 N.Y.2d 246 (1989)

Emma McDougald et al., Respondents, v. Sara Garber et al., Appellants.

Court of Appeals of the State of New York.

Decided February 21, 1989.


Attorney(s) appearing for the Case

Charles L. Bach, Jr., Luke M. Pittoni and Michael F. McGowan for Sara Garber, appellant.

Steven J. Ahmuty, Jr., and Thomas R. Newman for New York Infirmary, appellant.

Michael A. Ellenberg for Sonia Armengol and others, appellants.

Thomas A. Moore for respondents.

Peter L. Zimroth, Corporation Counsel (Ingeborg B. Garfield and Fay Leoussis of counsel), for the City of New York, amicus curiae.

Judges SIMONS, KAYE, HANCOCK, JR., and BELLACOSA concur with Chief Judge WACHTLER; Judge TITONE dissents and votes to affirm in a separate opinion in which Judge ALEXANDER concurs.


Chief Judge WACHTLER.

This appeal raises fundamental questions about the nature and role of nonpecuniary damages in personal injury litigation. By nonpecuniary damages, we mean those damages awarded to compensate an injured person for the physical and emotional consequences of the injury, such as pain and suffering and the loss of the ability to engage in certain activities. Pecuniary damages, on the other hand...

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