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Keywords

lawsuitplaintiffdamagesnegligencetrialtestimonymotionbench trialadmissibility

tortplaintiffdamagesnegligencestatutetestimonypleaadmissibility

Related Cases

Brereton v. U.S., 973 F.Supp. 752

Facts

The action arose from the crash of a Beech King Air B–100 airplane near Romeo, Michigan, on November 22, 1991, which resulted in the deaths of all three occupants. The plaintiffs filed a lawsuit against the United States Government, alleging negligence by air traffic controllers. A bench trial determined the United States was 40% at fault and the pilot 60% at fault, leading to the current motions regarding damages.

The plaintiffs filed this action against the United States Government under the Federal Tort Claims Act, alleging negligence against air traffic controllers stationed at Selfridge Air National Guard Base in Mt. Clemens, Michigan.

Issue

Whether hedonic damages are recoverable under the Michigan Wrongful Death Act and the admissibility of expert testimony regarding such damages.

Rule

Hedonic damages are only available under Michigan law to living plaintiffs who have been permanently injured, and the Michigan Wrongful Death Act does not permit recovery for loss of enjoyment of life experienced by a decedent.

Hedonic damages are only available under Michigan wrongful death statute to living plaintiffs who have been permanently injured such that they cannot enjoy life's pleasures.

Analysis

The court analyzed the Michigan Wrongful Death Act and determined that it does not explicitly provide for hedonic damages. The court noted that damages for pain and suffering are limited to what the decedent consciously experienced between injury and death, and since the decedent's death was instantaneous, there was no basis for hedonic damages. Additionally, the court found the proposed expert testimony on hedonic damages to be irrelevant and unreliable.

The MWDA does not specifically provide for the recovery of hedonic-type damages, and limits compensation for pain and suffering to that consciously experienced between the time of injury and death.

Conclusion

The court granted the Government's motions to exclude expert testimony and ruled that hedonic damages are not recoverable under the Michigan Wrongful Death Act.

On the facts of this case, hedonic damages are unavailable under the Michigan Wrongful Death Act.

Who won?

The United States prevailed in the case as the court ruled in favor of excluding hedonic damages and the related expert testimony, affirming that such damages are not recoverable under Michigan law.

The Government does not dispute that hedonic-type damages are recognized under general Michigan tort law.

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