Mcgee v. Ac And S, Inc.

933 So.2d 770 (2006)

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Nature of the Case

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Facts

Ps, the widow, and children of James McGee, filed the instant wrongful death and survival actions against Ds. Ds were involved in the manufacturer of asbestos-containing products. Ps sought recovery for injuries sustained as a result of James' exposure to asbestos, from which he died on January 28, 2000. Ps sought damages. in part, for James' loss of enjoyment of life. Ds filed a motion in limine seeking to preclude Ps from asserting a claim for loss of enjoyment of life. D claimed that loss of enjoyment of life was a part of the general damage award and was not its own separate category of damages. The court denied Ds' motion in limine. D applied for supervisory writs. The court of appeal stated that a separate award for loss of enjoyment of life was erroneous as a matter of law. It reversed the district court and granted Ds' motion in limine to prohibit Ps from asserting a claim for loss of enjoyment of life. Ps applied for supervisory writs.