Cole v. Champion
Citations
- 268 A.D. 869
- 51 N.Y.S.2d 78
- 1944 N.Y. App. Div. LEXIS 3965
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding “simply that there must be ‘some level of awareness’ in order for plaintiff to recover” for all aspects of nonpecuniary loss, including pain and suffering
- surveying authorities and holding that loss of enjoyment of life is a permissible factor in assessing pain and suffering, but no purpose would be served by having the jury make separate awards
- surveying authorities and holding that loss of enjoyment of life is a permissible factor in assessing pain and suffering, but no purpose would be served by having the jury make separate awards
- vacating award because jury erroneously instructed loss of enjoyment of life did not require consciousness
- vacating award because jury erroneously instructed loss of enjoyment of life did not require consciousness
- explaining our indulgence in the legal fiction that money can compensate a victim for injury even though “[w]e have no hope of evaluating what has been lost”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.