Otani v. Broud

92 P.3d 192 (2004)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P underwent surgery to receive a pacemaker. D punctured P's aorta. P died several hours later without regaining consciousness. P was 81 years old at the time of her death. P's estate brought wrongful death and survival actions against D for negligence in causing her death. P would have had a normal life expectancy of an additional 7.9 years. In the wrongful death action, the court awarded $125,000 in damages to each of P's two adult children as statutory beneficiaries. In the survival action, the court awarded $496,617.12 in damages to the estate, including $450,000 for LOEL (loss of enjoyment of life) and shortened life expectancy, $3,854.39 for burial expenses, and $42,762.73 for medical expenses. D appealed seeking reversal of only the $450,000 in noneconomic damages awarded to Pi's estate in the survival action. The Court of Appeals held that LOEL was not recoverable in a survival action as an element of damages to compensate for the decedent's shortened life expectancy. P could not bring a claim for LOEL if she had survived the surgery and, therefore, no such claim survived to her personal representatives. P appealed.