Loetsch v. New York City Omnibus Corp.

New York Court of Appeals · Evidence

Evidencewrongful deathpecuniary lossstate of mindverbal acthearsaysurviving spousereasonable expectancy

Facts

At trial, defendants offered the decedent's will, executed within four months of her death, to show her stated view of her relationship with her husband. In the will, she described herself as a faithful and loving wife, accused her husband of cruelty, indifference, and failure to support her, and limited his bequest to one dollar. Plaintiff objected, and the trial court excluded the will from evidence. The action was maintained for the benefit of the surviving husband, so the nature of the marital relationship bore on his claimed pecuniary loss.

Issue

In a wrongful death action brought for the benefit of a surviving spouse, is a decedent's written declaration in her will describing her poor relationship with her husband admissible to show the nature of their relationship and the husband's reasonable expectancy of pecuniary benefit, or is it barred as hearsay?

Rule

In a wrongful death action, proof of the relations between the decedent and the beneficiary is proper because it bears on the beneficiary's pecuniary loss. A decedent's declarations made near death that show the decedent's state of mind, feelings toward, and relations with the beneficiary are admissible as verbal acts, not for testimonial truth, but as evidence bearing on the reasonable expectancy of future assistance or support disappointed by death.

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In a wrongful death action filed in Chicago for the benefit of surviving husband Aaron Pike, the transit company seeks to introduce a handwritten letter the decedent, Marisol Pike, mailed to her sister three months before her death. In it, Marisol wrote that she was tired of Aaron's constant gambling and had decided she would stop helping him with rent and leave him only a token gift in her estate plan.

Should the trial court admit the letter over Aaron's hearsay objection?

Explanation. The declaration is admissible if offered to show the decedent's state of mind, feelings toward, and relations with the beneficiary in a wrongful death action. That evidence bears on the beneficiary's reasonable expectancy of future assistance or support, which is the relevant pecuniary-loss measure. Its significance lies in the fact the statement was made, whether true or false, so it is not excluded as hearsay when used as a verbal act. (Derived from Loetsch v. New York City Omnibus Corp. (n.d.).)