In Dorn v. Burlington N. Santa Fe R.R., No. 03-35071 (9th Cir. Feb. 7, 2005), the the Ninth Circuit Court of Appeals found that hedonic damages testimony by economic experts in personal injury cases is admissible. Since Hawaii is located in the 9th Circuit, it appears that this case applies to the Federal court here. (The Hawaii Supreme has not permitted such testimony.) Although the decision actually overturned a $6.7 million jury verdict in a wrongful death case, the Ninth Circuit did so because it found that the trial court erred in its decision to exclude hedonic damages testimony from the defendant's economic damages expert after allowing such testimony from the plaintiff's expert. The opinion would appear to stand for two propositions: (1) hedonic damages testimony by an economist which projects the value of a human life from the premiums paid for safe products, safe occupational conditions, etc. is admissible in Federal Court here and (2) a ruling that one expert's testimony is reliable under Daubert does not necessarily imply that an opposing expert's contrary opinion must be unreliable.
Moving a flagpole near live electrical wires can be very dangerous. A Grayson County, Texas jury has awarded more than $15.6 million to the families of 3 victims of an accident that occurred while they were moving a flagpole in May 2017. The electrocution killed 1 and injured 2. The property manager of the apartment complex where the flagpole was located was found to be negligent for placing the flag pole too close to overhead power lines. See, An award of $15.6 million for 3 victims of electrocution.
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