(Download) "Gregory v. Carey" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Gregory v. Carey
- Author : Supreme Court of Kansas
- Release Date : January 18, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The opinion of the court was delivered by On October 28, 1985, Mark Marquette sustained catastrophic
brain damage while being prepared for knee surgery. He has since
been in a persistent vegetative state — a state of "wakeful
unresponsiveness" — from which he does not visibly react and will
never completely recover. Charlotte Gregory brought this action
as Marquette's guardian and conservator. After extensive pretrial
discovery, defendants admitted liability and the case
[246 Kan. 505]
went to trial on the sole issue of damages. The jury returned the
following verdict:
Present value of future medical expenses: $2,920,000
Medical expenses to date: 602,077
Pain and suffering to date: 70,000
Future pain and suffering: 930,000
Disability to date: 45,000
Future disability: 900,000
Loss of income to date: 89,544
Present value of future lost income: 775,160
__________
TOTAL DAMAGES: $6,331,781 On appeal defendants claim the trial court erred by: (1)
excluding defendants' proffered evidence concerning an annuity
insurance contract to pay future medical expenses of $500 per day
with a 6% inflation factor; (2) submitting the issue of conscious
pain and suffering to the jury; and (3) allowing argument
concerning the loss of enjoyment of life as a factor in
determining damages. In addition, the defendants claim that the
jury's verdict is excessive as a matter of law and request this
court to abolish the collateral source rule in effect at the time
Marquette sustained injury.
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