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Choctaw Maid Farms5/30/2002
erable in wrongful death cases. CMF contends that the purpose, intent and effect of putting these witnesses on the stand was the needless presentation of cumulative evidence which was irrelevant and to unfairly prejudice CMF. CMF also maintains that the trial court erred in allowing this testimony pursuant to Miss. R. Evid. 403.
. Hailey contends that the court did not err in permitting character witnesses to testify regarding loss of society, companionship and enjoyment of life of the deceased. The testimony of these witnesses was not unduly cumulative or prejudicial as they testified to necessary elements of the plaintiff's claim for damages.
. In Carr v. State, 208 So.2d 886, 888 (Miss. 1968), this Court held that where a defendant offered twenty character witnesses, the trial court properly limited the testimony on this point to eleven character witnesses. Hailey argues that while the testimony in the case at bar and in Carr v. State is cumulative, it is necessary to prove the essential elements of plaintiffs' claims. Hailey had approximately sixteen potential witnesses to testify on enjoyment of life and loss of society issues. However, the court limited this testimony to five witnesses. This does not violate any rule, standard or proscription enunciated by this Court.
. In Stancill v. McKenzie Tank Lines, Inc., 497 F.2d 529, 537 (5th Cir. 1974), the court held that the admission of cumulative "testimony, even if it was error, was harmless." Accordingly, Hailey submits that the court properly permitted the foregoing witnesses to testify. We hold that if any error was committed, it was harmless and did not affect the substantive rights of CMF.
XI. Whether the trial court erred in submitting hedonic damages as recoverable damages.
. The right to recover for loss of enjoyment of life is included in Miss. Code Ann. ยง 11-7-13 (Supp. 2001) which states that in a wrongful death case, the person bringing suit is entitled to recover all damages of every kind and nature which might have been awarded to the decedent had he lived, and any damages for which the decedent's wrongful death beneficiaries sustained by reason of his death. The issue of loss of enjoyment of life was properly submitted to the jury by the trial court, and the damages awarded were not contrary to the overwhelming weight of the credible evidence.
. The statute plainly states "the fact that death was instantaneous shall in no case affect the right of recovery." Id. Although the language employed by the Legislature in the wrongful death act is far-reaching, it is clear. In keeping with this statute, we have previously upheld an award of loss of enjoyment of life (hedonic damages) in a wrongful death suit. See Thomas v. Hilburn, 654 So.2d 898 (Miss. 1995). The main difference between Thomas and the case sub judice is that the deceased in Thomas lived for six days before he died, whereas death was instantaneous in the present situation. Thomas, 654 So.2d at 900. This presents the question: How much enjoyment of life could one lose in six days? What if the deceased lived for six days (or six months or six years) in a coma? The distinction between those who may recover for loss of enjoyment of life becomes blurred when alternate scenarios are proposed. If enjoyment of life is proportional to the knowledge that one is able or unable to enjoy life, then it stands to reason that someone in a coma would not be allowed to recover hedonic damages. Following this same logic, a party who lived only a few days should only be able to recover for the loss of enjoyment he suffered in those few days. How much is one day of enjoyment of life worth? To what extent does any particular injury p
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