McGee v. A.C. and S., Inc. –
Louisiana Supreme Court Opinion – July 10, 2006Appeal to LA Supreme Court on issue of whether loss of enjoyment of life is recoverable as a separate element of general damages, such that it can be included as a separate line on the jury verdict form.
Plaintiffs were the survivors of asbestos worker who died of an asbestos related disease. Defendant’s motion in limine asked the court to rule loss of enjoyment of life was a part of general damages and plaintiffs should not be allowed to include it as a separate item of damages on the verdict form.
The trial court denied the defendant’s motion in limine. The 4th Circuit reversed the trial court’s ruling. The Supreme Court reversed the 4th Circuit’s ruling. The Supreme Court ruled that “loss of enjoyment of life is recoverable as a separate element of general damages that may be included as a separate item on a jury verdict form”.