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Keywords

plaintiffdefendantdamagesnegligencestatutetrialwillpunitive damages

plaintiffdefendantdamagesstatutetrialwill

Related Cases

McKay v. New England Dredging Co., 92 Me. 454, 43 A. 29

Facts

John McKay, as administrator, sued the New England Dredging Company after his son, William McKay, was killed due to the company's alleged negligence. The action was brought under a statute for the benefit of William's parents, who were his only heirs. At the time of his death, William was 23 and had been providing some financial assistance to his parents, who were in poor health and unable to work. The jury found that the defendant's wrongful act caused William's death and awarded $2,000 in damages.

The jury found that the death of the plaintiff's intestate, William McKay, was 'caused by the wrongful act, neglect, or default' of the defendant, according to the act of 1891, c. 124.

Issue

Was the jury's award of $2,000 in damages excessive, and what constitutes a fair and just compensation under the statute for the wrongful death of William McKay?

The question of the amount of damages to be recovered requires more consideration.

Rule

Under the statute, damages for wrongful death are limited to the pecuniary injuries suffered by the beneficiaries, excluding punitive damages, suffering of the deceased, or loss of companionship. The amount of compensation is to be determined by the jury based on the probable future contributions of the deceased to the beneficiaries.

The right to any compensation is wholly created by the statute, and the amount of the compensation is to be measured solely by the standard prescribed by the statute.

Analysis

The court analyzed the jury's award in light of the statutory framework, emphasizing that the damages must reflect the actual pecuniary loss to the parents. The court noted that while the parents would benefit from William's continued life, the jury's award of $2,000 was disproportionate to the likely financial contributions William would have made, given his employment situation and the uncertainties surrounding his future earnings. The court concluded that a more reasonable amount would be $750, which the jury could consider as fair compensation.

In fine, we think that $70 per year would be the extent of any probability of his contribution in money and services during the lives of his parents.

Conclusion

The court granted a new trial unless the plaintiff remitted the damages awarded to $750, stating that the original amount was manifestly excessive.

New trial granted unless plaintiff will remit all above $750 within 30 days after filing of the rescript.

Who won?

The New England Dredging Company prevailed in part, as the court found the jury's award excessive and required a reduction in damages.

The jury assessed the damages at $2,000. This is manifestly disproportionate and extravagant.

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