Mcgee v. Ac And S, Inc.
933 So.2d 770 (2006)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Ps, the widow, and children of James McGee, filed the instant wrongful death and survival actions against Ds. Ds were involved in the manufacturer of asbestos-containing products. Ps sought recovery for injuries sustained as a result of James' exposure to asbestos, from which he died on January 28, 2000. Ps sought damages. in part, for James' loss of enjoyment of life. Ds filed a motion in limine seeking to preclude Ps from asserting a claim for loss of enjoyment of life. D claimed that loss of enjoyment of life was a part of the general damage award and was not its own separate category of damages. The court denied Ds' motion in limine. D applied for supervisory writs. The court of appeal stated that a separate award for loss of enjoyment of life was erroneous as a matter of law. It reversed the district court and granted Ds' motion in limine to prohibit Ps from asserting a claim for loss of enjoyment of life. Ps applied for supervisory writs.
Issues
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Holding & Decision
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Legal Analysis
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