Case name:

Hunt v. K-Mart

Court:

Supreme Court of Montana

Citation; Date:

June 3, 1999

One-line description (12-point font):

The permitting of hedonic or loss of enjoyment damages.

Trial court:

Plaintiff:

Hunt

Defendant:

K-Mart

Facts of the case:

On April 1, 1996, Norma Hunt filed a compliant against K-mart for an injury she obtained from a chair that she had purchased from the store.  While K-Mart accepted the fact that they had sold Mrs. Hunt defective merchandise, the company did not agree with the amount which Mrs. Hunt was suing the company for.  The Hunts believe they should receive compensation for "hedonic damages," due to loss of enjoyment that Mrs. Hunt has experienced since her accident.  "According to expert testimony, the monetary value of Norma’s loss of enjoyment of life was $228,526.

Procedural history (remedy sought, prior history, grounds for appeal, etc., as available):

Trial court found for Hunt and allowed jury to consider hedonic damages. K-Mart appeals, questioning accuracy of experts and numbers.

Court opinion (including key issues and arguments):

The case was decided on timing technicality; K-Mart’s objection to the use of experts to determine the hedonic damages of Hunt not within the appropriate timeframe allotted by the Court. The Court also held though, that the loss of enjoyment of life could be considered when awarding damages.

Disposition of case:

The loss of enjoyment of life will be considered when awarding damages.

ECONOMIC ANALYSIS OF THE CASE

This case involves "hedonic damages," or in other words, damages that are assessed due to a victim's loss of enjoyment in his or her own life.  Although it is not clear if or how the Court would have assigned hedonic damages in this case (due to the evidentiary issue), the Court nonetheless upheld the hedonic damages previously assessed.  Hedonic damages might create a dangerous precedent in the Courts in that they, to some degree, encourage rent-seeking behavior.  Because they are so subjective and interpretable, wrongful and/or frivolous claims might be filed.  Hedonic damages are an "emerging trend" in the Courts, although no "systematic progress" has been made.