Abstract
What is the value of life? Courts and commentators have long debated the question of the inherent value of life in relation to the awarding of compensatory damages. The New Mexico Supreme Court’s recent decision affirming a record $165 million civil award in Morga v. FedEx again brings this debate into public view. The decision effectively shuts the door to the prospect of higher State courts overturning a jury’s noneconomic compensatory damages award based on an excessive verdict claim. The case highlights the district court’s power and discretion in awarding monetary damages for nonmonetary injuries and the implications of defense trial strategies and tactics in wrongful death cases. The case raises important questions about the outer limits of a jury’s discretion to award hedonic damages, deference given to decisions of the district court and a successor judge, and the use of mathematical formulas and comparison cases as guidance in establishing the value of life. The New Mexico Supreme Court follows long-standing practice and precedent in affirming the Court of Appeals. In doing so, the Morga decision is likely to usher in higher wrongful death case settlements as defendants seek to avoid potentially significant compensatory damage awards in New Mexico
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Recommended Citation
Aaron Sharratt,
The Outer Limits: Jury Discretion, District Court Deference, & Excessive Damages in Morga v. FedEx Ground Package Sys., Inc.,
53
N.M. L. Rev.
521
(2023).
Available at:
https://digitalrepository.unm.edu/nmlr/vol53/iss2/8
