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Brief Fact Summary.
Barbara Gary filed a wrongful death action against Schwartz after Schwartz negligently struck and killed her 16-year-old son.
Synopsis of Rule of Law.
The proper measure of damages in a wrongful death suit is the pecuniary value of the decedent to the plaintiff, and medical and funeral expenses.
A 16-year-old, Robert Gary, was killed by the negligent driving of Schwartz. Barbara Gary (Gary) filed a wrongful death action against Schwartz. The jury found in favor of Gary.
Issue.
What is the proper measure of damages in a wrongful death suit?
Held.
Yes. The judgment of the trial court is affirmed and the damages award was reasonable.
The standard has been variously phrased: Common phrases are such as: grossly excessive, inordinate, shocking to the judicial conscience, outrageously excessive, so large as to shock the conscience of the court, monstrous, and many others.
View Full Point of Law The proper measure of damages in a wrongful death suit is the pecuniary value of the decedent to the plaintiff, and medical and funeral expenses. If the decedent is a child, the damages award should be reduced by the expenses the plaintiff would have incurred to care for the decedent.