Hawkins suffered a severe electrical burn on the palm of his right hand. After years of living with disfiguring scars, he went to visit Dr. McGee, who was well-known for his early attempts at skin grafting surgery. The doctor told Hawkins “I will guarantee to make the hand a hundred per cent perfect.” Hawkins hired him to perform the operation.

McGee cut a patch of healthy skin from Hawkins’ chest and grafted it over the scar tissue on Hawkins’ palm. Unfortunately, the chest hair on the skin graft was very thick, and it continued to grow after the surgery. The operation resulted in a hairy palm for Hawkins. Feeling rather…embarrassed…Hawkins sued Dr. McGee.

The trial court judge instructed the jury to calculate damages in this way: “If you find the plaintiff entitled to anything, he is entitled to recover for what pain and suffering he has been made to endure and what injury he has sustained over and above the injury that he had before.” The jury awarded Hawkins $3000, but the court reduced the award to $500. Dissatisfied, Hawkins appealed.

Questions:

1. How should Hawkins’ damages be calculated?

2. What does the holding by the New Hampshire Supreme Court mean?