Jones v. Carvell

Supreme Court of Utah · Torts

TortsWrongful deathDamageswrongful deathchild deathdamagesloss of societyloss of companionship

Facts

Plaintiff Linda S. Jones's five-year-old son, Peter John Carvell, was killed while riding as a passenger in a car driven by defendant Paul Michael Carvell, the child's uncle. Before trial, defendant admitted liability, so the only issue tried was damages, and Jones was the only witness. The jury awarded $9,165.62 in general damages and $834.38 for funeral expenses. Plaintiff sought broader damages theories, including the average cost of raising the child and her lost earning opportunity from staying home to rear him, and she also sought to introduce evidence of infertility and of defendant's willful misconduct and intoxication.

Issue

In a Utah wrongful death action for the death of a child, may damages be separately based on the average cost of rearing the child or on the parent's lost earning opportunity from childrearing, and did the trial court commit reversible error in its evidentiary rulings, refusal of instructions, handling of closing argument, and denial of a new trial or additur?

Rule

Under Utah Code section 78-11-7, wrongful death damages may be given under all the circumstances of the case as may be just, and for the death of a child they include not only funeral and similar economic losses but also the loss of society, love, companionship, protection, affection, counsel, advice, comfort, and pleasure. Child-rearing expenditures or sacrifices may be relevant only insofar as they illuminate the nature of the parental-child bond, especially where they exceed ordinary rearing and show special efforts or opportunities, but they do not constitute a separate measure of damages. A parent's lost earning opportunity from staying home to rear the child is not a valid measure because wrongful death damages compensate future loss of the relationship, not past opportunity costs. A mother's inability to bear additional children is a material factor if supported by competent proof. When liability is admitted and punitive damages are not claimed, evidence going only to liability is inadmissible.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Salt Lake City, Marisa Leon sued Mountain Basin Delivery after her nine-year-old daughter was killed by one of its vans. Liability was admitted before trial, and the only dispute is the amount of damages.

Which jury instruction would most accurately state the proper measure of damages?

Explanation. The majority states that under Utah’s wrongful death statute damages are not limited to pecuniary loss. For the death of a child, the heart of the action is often the loss of society, love, companionship, protection, affection, counsel, advice, comfort, and pleasure, along with appropriate economic items such as funeral expenses. The losses are also not confined to minority. (Derived from Jones v. Carvell (n.d.).)