Legal Memorandum: Conscious Pain and Suffering Before Death in NJ

Issue: What are examples of jury verdicts and settlements reports for conscious pain and suffering before death in New Jersey?

Gruskowski v. Spectrum for Living Dev., Inc., No. MID-L-6646-01 (N.J. Super. Ct. Law Div. Middlesex County July 21, 2006) (decedent, a developmentally disabled 32-year-old woman living group home, had congestive lung ailment and high fever at midnight; 911 was not called; fever was 104.2 degrees when nurse arrived at 7 a.m. and nurse waited until 8:20 to call physician’s clinic, but not 911; she was transported to clinic in group home’s van but was not breathing on arrival and died at 10:00 a.m., with her mother present; defense contended that because of decedent’s severe mental retardation and loss of consciousness, she did not have pain and suffering; case settled for $1.1 million)

Wells ex rel. Wells v. Bergen County, No. BER-L-5555-05 (N.J. Super. Ct. Law Div. Bergen County Apr. 6, 2006) (19-year-old decedent went under water suddenly while swimming and lifeguard allegedly failed to respond to cousins’ pleas for help; decedent was unconscious by the time two other lifeguards responded and died later in day; estate’s counsel argued damages for “loss of services and . . . survival damages” ranged from $250,000 to $300,000; case settled before trial for $575,000; defendant contended survival time was “miniscule”)

Galella ex rel. Galella v. Winston, No. MID-L-5213-10 (N.J. Super. Ct. Law Div. Middlesex County Feb. 24, 2012) (24-year-old man killed when his motorcycle was rear-ended by vehicle, then body run over by semi; survived 30 seconds; $60,000 of $140,000 verdict  was for pain and suffering)

Olcese ex rel. Estates of Urbano v. […]