Amici Groups Claim Hedonic Damages Should Be Included in General Damages

NEW ORLEANS -- Several groups have filed amicus briefs in a pending Louisiana asbestos case, claiming that damages relating to loss of enjoyment of life should not constitute a separate cause of action, but should instead be included in general damages. McGee, et al. v. ACandS, et al., No. 2005-CC-1036 (La. Sup. Ct.).

In an Aug. 10 brief filed in the Louisiana Supreme Court, several groups claim that assessing hedonic damages is confusing for jurors and that hedonic damages expert testimony is inadmissible.

'Courts have recognized that because hedonic damages cannot be awarded with pecuniary precision, they should be included …