NUSSBAUM v. GIBSTEIN


138 A.D.2d 193 (1988)

Linda Nussbaum, as Executrix of Elaine Celetti, Deceased, Respondent, v. Alan Gibstein et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 5, 1988


Attorney(s) appearing for the Case

LeBoeuf, Lamb, Leiby & MacRae (Michael A. Ellenberg, Ellen August and Bert H. Ware of counsel), for appellants.

Kramer, Dillof, Tessel, Duffy & Moore (Norman E. Frowley of counsel), for respondent.

BROWN, EIBER and SULLIVAN, JJ., concur.


THOMPSON, J. P.

We address on this appeal, inter alia, whether loss of enjoyment of life is a compensable element of damages apart from a specific award of damages for pain and suffering. The trial court's instructions to the jury and its submission of interrogatories permitted the jury to assess the loss of enjoyment of life as a distinct item of damages. Upon the facts of this particular case, we find...

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