(1997) One California case rejected hedonic damages on scientific grounds, Loth v. Truck-a-way Corporation (1998). Recent decisions of the Mississippi and Kentucky Supreme; Courts are discussed below, but denied admissibility of hedonic damage testimony.
www.umsl.edu/~ireland/Hedonic01.pdf www.umsl.edu/~ireland/Hedonic01.pdf
McLane, Graf, Raulerson & Middleton ... Many members of the Superior Court bench agree with this construction of the statute. In denying a motion in limine to exclude hedonic damages, Judge Perkins held: ... Thus, defendant's motion in limine excluding evidence regarding hedonic damages is hereby DENIED.
www.mclane.com/newsroom/articles/litigation/006.php
The court further ruled that if there is no awareness of such loss on the part of the victim, recovery is denied. Awareness may not require "respon-siveness."; In New York, hedonic damages for people who have died or been reduced to a vegetative state are thus not currently allowed.
www.nafe.net/JFE/j03_3_03.pdf
Can Hedonic Damages Be Added To; Other Damage Measures? A Reply To ... If a defendant has denied a plaintiff a piece of equipment, the damages are not just the value of that equipment, but also the "consequential damages" arising out of the loss of opportunities that the plaintiff could have pursued with the equip-ment.
www.nafe.net/JFE/j09_2_08.pdf
acceptance of “hedonic damages.” This paper reviews the cases individually and examines the rationales by which the courts have denied admissibility to ...
papers.ssrn.com/sol3/Delivery.cfm/9706274.pdf?abstracti... papers.ssrn.com/sol3/Delivery.cfm/9706274.pdf?abstractid=36887&mirid=1
Hedonic damages compensate for the lost enjoyment of life that ...... “blind or disabled” person should not be denied redistribution simply ...
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1005991_code32... papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1005991_code328285.pdf?abstractid=928883&rulid=86163&mirid=1
The paper begins with a very brief review of the Daubert decision and then considers one case decided immediately prior to Daubert and twelve reported cases the authors have been able to identify that explicitly address the admissibility of economic testimony on hedonic damages and that were decided between June 28,
www.questia.com/PM.qst?a=o&se=gglsc&d=5000497750
LEXIS 815: Hedonic damages are a part of general damages. This case is also interesting b/c expert testimony on hedonic damages was denied. However, this case does not really make it clear that expert testimony would be disallowed if the factual circumstances were different.
www.fathersunite.org/Case%20Law/suing_for_hedonic_damag... www.fathersunite.org/Case%20Law/suing_for_hedonic_damages.html
Sam Bagenstos presented a fascinating paper today to the Brooklyn Law faculty, entitled "Hedonic Damages, Hedonic Adaptation, and Disability." It is co-authored with his wife Margo Schlanger and is available at SSRN here.
prawfsblawg.blogs.com/prawfsblawg/2006/10/hedonic_damag... prawfsblawg.blogs.com/prawfsblawg/2006/10/hedonic_damages.html
2007] HEDONIC DAMAGES AND DISABILITY 747 recognized in the abstract that nothing in the theory of adaptive preferences requires preferences to be disregarded uniformly,5 the concept has nearly always been deployed as part of an argument for disregarding revealed, expressed, or felt preferences.6;
works.bepress.com/cgi/viewcontent.cgi?article=1015&cont... works.bepress.com/cgi/viewcontent.cgi?article=1015&context=samuel_bagenstos