High Court Accepts Claims for Loss of Enjoyment of Life as Separate and Distinct

NEW ORLEANS -- The Louisiana Supreme Court has accepted hedonic damages as a separate claim from general damages, overturning an intermediate court ruling that found the claims duplicative. McGee, et al. v. ACandS, et al.,No. 05-CC-1036 (La. Sup. Ct.).

In the July 10 5-2 decision, the Supreme Court opined that there was a 'conceptual difference' between the loss of enjoyment of life and pain and suffering.

Representatives of the estate of James Edward McGee asserted claims relating to McGee's exposure to asbestos-containing products, including a loss of enjoyment of life. The defendants moved to preclude that claim, saying that the …