Law School Case Briefs
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McMillan v. City of New York
District Court, E.D. New York (2008) | 253 F.R.D. 247; 2008 U.S. Dist. LEXIS 91450; 2008 WL 4555550
TL;DR: A man was rendered quadriplegic by the city's negligence. In calculating damages, the court refused to use race-based life expectancy tables that would have reduced his award, finding the practice unreliable and unconstitutional.
Legal Significance: This case establishes that using race-based statistical tables to calculate future damages in tort litigation is impermissible, as it constitutes state action that violates the Equal Protection and Due Process clauses and relies on factually unreliable social constructs.