Regina Ames
|
| Federal District | Hedonic Damages? | Expert Testimony? | Relevant Case(s) |
| First Circuit | yes | maybe | Klonoski v. Mahlab |
| Maine | yes (but only where plaintiff is alive) | no info | Bridge v. Air Quality Tech. Services, Inc. |
| Phillips v. Eastern Maine Medical Center | |||
| Massachusetts | yes | maybe (but not in case cited) | Saia v. Sears Roebuck and Co., Inc. |
| New Hampshire | yes (in both wrongful death and where plaintiff surives) | no info | Marcotte v. Timberlane/Hampstead School Dist. |
| Rhode Island | no info | no info | none |
| Second Circuit | yes (but only as a part of pain and suffering) | no info | Scullari v. United States |
| New York | yes (but only as a part of pain and suffering and | no info | McDougald v. Garber |
| only when plaintiff is aware of their loss) | Policastro v. Savarese | ||
| Third Circuit | yes (in both wrongful death and where plaintiff surives | no info | Alexander v. Whitman |
| but perhaps not where plaintiff dies instantly) | Broome v. Antler's Hunting Club | ||
| New Jersey | yes (but not in wrongful death actions and plaintiff | probably not | Voilas v. General Motors Corp |
| need not be conscious of their loss) | Eyoma v. Falco | ||
| Clement v. Consolidated Rail Corp. | |||
| Pennsylvania | yes (but only where plaintiff survives) | no info | Willinger v. Mercy Catholic Medical Center |
| Coward v. Owens-Corning Fiberglass Corp. | |||
| Fourth Circuit | yes | no info | Wilt v. State Auto. Mut. Ins. Co. |
| Maryland | yes (but only where plaintiff is alive) | no info | Burke v. United States of America |
| Smallwood v. Bradford | |||
| North Carolina | no | no | Livingston v. United States of America |
| South Carolina | yes | no info | Boan v. Blackwell |
| McNeill v. United States | |||
| West Virginia | yes (and plaintiff need not be conscious of their loss) | no | Flannery v. United States of America |
| Liston v. The Univ. of West Virginia Board of Trustees | |||
| Fifth Circuit | yes (but they fall within pain and suffering) | no info | Dugas v. The Kansas City Southern Railway Lines |
| Louisiana | yes (but they fall within general damages and may | no | Pick v. American Medical Systems, Inc. |
| not be given to someone who is dead) | Abadie v. Metropolitan Life Insurance Co. | ||
| Trabucco, M.D. v. Hilton Hotels Corp. | |||
| Craft v. Matlack, Inc. and Gaylord Container Corp. | |||
| Simmons v. Hartford Insurance Co. | |||
| Joseph v. Broussard Rice Mill, Inc. (concurrence) | |||
| Mississippi | yes (in both wrongful death and where plaintiff surives) | yes | Kansas City Southern Railway Co., Inc. v. Johnson |
| K.M. Leasing, Inc. v. Butler | |||
| Moore v. The Kroger Co. | |||
| Texas | yes (but they fall within pain and suffering) | no info | Brookshire Bros., Inc. v. Wagnon |
| Sixth Circuit | maybe (but not where plaintiff is unaware of their loss) | no info | Tinch v. City of Dayton |
| Kentucky | no (mental suffering damages already compensate | no | Adams v. Miller |
| the victim) | |||
| Michigan | yes (but not in wrongful death actions) | not on "willingness to pay model" | Brereton v. United States of America |
| Kemp v. Pfizer Inc. | |||
| Kurncz v. Honda North America, Inc. | |||
| Ohio | yes (but not for new born babies and there must be a | yes | Smith v. United States of America, Dept. of Veterans Affairs |
| separate jury instruction) | Ramos v. Kuzas | ||
| Fantozzi v. Sandusky Cement Products Co. | |||
| Watkins v. The Cleveland Clinic Foundatio | |||
| Lewis v. Alfa Laval Separation Inc. | |||
| Tennessee | yes in state court (accept in wrongful death) but no in | no | Alexander v. Beale Street Blues Company, Inc. |
| federal court | Hein v. Merck & Co., Inc. | ||
| Spencer v. A-1 Crane Service, Inc. | |||
| Overstreet v. Shoney's Inc. | |||
| Lawrence v. Town of Brighton | |||
| Seventh Circuit | yes | no | Mercado v. Ahmed and Checker Taxi Company, Incorp. |
| Illinois | yes (but not in wrongful death actions) | no | Crespo v. City of Chicago |
| Ayers v. Robinson, City of Chicago Police Dept. and Rodriguez | |||
| Kaufman v. Cserny and Ferrell Hospital | |||
| Best v. Taylor Machine Works | |||
| Indiana | yes (but not in wrongful death actions) | no | Southlake Limousine and Coach, Inc. v. Brock |
| Dunn v. Cadiente | |||
| Wisconsin | yes | probably | Estate of Sinthasomphone v. City of Milwaukee |
| Eigth Circuit | yes (but only as a part of pain and suffering so no | no info | Westcott v. Crinklaw |
| separate jury instruction) | |||
| Arkansas | yes (but not in wrongful death actions) | no info | Bailey v. Rose Care Center |
| Phillips v. Sugrue | |||
| Iowa | yes (but only as a part of pain and suffering and | no info | Pouzer v. McGraw |
| only when plaintiff is aware of their loss) | |||
| Minnesota | yes (but only as a part of general damages and no | no info | Leonard v. Parrish |
| separate jury instruction) | |||
| Missouri | yes (as a part of general damages) | undecided | Schumann v. Missouri Highway and Transportation Comission |
| Nebraska | no (pain and suffering damages already compensate) | no info | Anderson v. Nebraska Dept. of Social Services |
| South Dakota | yes (but not in PEPL funds) | no info | E.P. v. Riley |
| Jurgensen v. Smith | |||
| Bakker v. Irvine | |||
| Ninth Circuit | no info | no info | none |
| Arizona | yes | no | Yslava v. Hughes Aircraft Co. |
| Liberty Mutual Insurance Co. v. Western Casualty and Sur. | |||
| Ogden | |||
| California | yes (but only as a part of pain and suffering) | no | Loth v. Truck-A-Way Corp. |
| Garcia v. The Superior Court of Los Angeles County | |||
| Hawaii | yes | no | Montalvo v. Lapez, City and County Of Honolulu |
| Montana | yes | maybe (allowed in case cited) | Hunt v. K-mart Corp. |
| Oregon | no info | no info | none |
| Washington | yes (but not in survival actions) | no info | Kirk v. Washington State Univ. |
| Wooldridge v. Woolett | |||
| Tenth Circuit | yes | yes (but only on definition not dollar amounts) | Smith v. Ingersoll-Rand Co. |
| New Mexico | yes (in both wrongful death and where plaintiff surives | yes | Sena v. New Mexico State Police |
| but not in employment cases) | McGuire v. City of Santa Fe | ||
| Colorado | yes | not about amount of damages, open question | Scharrel v. Wal-Mart Stores, Inc. |
| about whether they can testify at all | |||
| Utah | yes (but only as a part of pain and suffering) | no info | Judd v. Rowley's Cherry Hill Orchards, Inc. |
| Eleventh Circuit | no info | no info | none |
| Alabama | no info | no info | none |
| Florida | yes (but not in wrongful death actions) | no | Brown v. Seebach |
| Florida's Patient Compensation Fund v. Von Stetina | |||
| Jacksonville v. Baker | |||
| Georgia | yes (but only as a part of pain and suffering) | no info | Elliot v. United States of America |
| District of Columbia | no | no | Lucy v. Washington Metropolitan Area Transit Authority |
Green type: concurring opinion
Red type: overruled opinion