In Passafiume, the high court held that a plaintiff’s remarriage did not limit his damages for loss of material services, such as household chores.
Paul Passafiume was awarded more than $2.1 million for the wrongful death of his wife Lois, who died of a massive pulmonary embolism 34 days after being diagnosed with a superficial blood clot, including nearly $1 million in lost household services.
The defendant physician found to be negligent in Lois’ death sought a new trial on damages for the loss of household services, arguing that aspect of the award must end upon remarriage. But the high court agreed with the findings of the lower courts that there was no reversible error.
The plaintiff is also pursuing a bad faith lawsuit against the defendant physician’s insurance company. The tort of bad faith allows an insured to sue their insurance company for unfair treatment.