New York Court of Appeals

Linda Nussbaum, as of Elaine Celetti v. Alan Gibstein

February 21, 198973 N.Y.2d 912

Summary

The New York Court of Appeals reversed the Appellate Division's order and granted a new trial on damages for the first cause of action, holding that loss of enjoyment of life is not a separate element of damages but merely a factor in assessing conscious pain and suffering. The decision was based on the court's interpretation of the proper jury instruction regarding damages.