History Repeating

I seem to remember this case -- from my torts casebook.

These families may not be "angry or upset," but there's definitely an award to be recovered here.

4 comments:

  1. I'll say; thats a big mozza ball hangin' out there...

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  2. Yeah it sucks but it was a mistake with only an emotional cost and only an ambulance chaser would go after money for it.

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  3. Usually I don't agree with monetary recovery for emotional distress, but I think that this would have been *very* traumatic.

    And, it wasn't only an emotional cost - funerals and hospitals aren't free.

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  4. I'm not buying it. At the end of the day the same people are dead. (In the end probably both of them will be dead.) I'm all for recovering non-emotional costs. Travel, whatever funeral arrangements were made, etc. Those are real damages. The people who thought their kid was dead actually saved money on the hospital bill b/c they got to float it for the time they didn't know he was there. I'm sure the other family hadn't paid the hospital bill yet. Are people supposed to retire b/c of an honest mistake that has no effect on the outcome of the event. If the kid wakes up he'll tell them who he is.

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