Otani v. Broudy

92 P.3d 192 (2004)

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Nature of the Case

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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.