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Keywords

tortdamagesstatuteappealtrial

tortdamagesappealtrialcivil procedureappellant

Related Cases

U.S. v. Harue Hayashi, 282 F.2d 599, 84 A.L.R.2d 754

Facts

Mrs. Hayashi and her five minor daughters brought a wrongful death action against the United States under the Hawaii wrongful death statute and the Federal Tort Claims Act after a fatal automobile accident. The trial court awarded them a total of $167,505, which included compensation for pecuniary loss of support to Mrs. Hayashi and awards for loss of love, care, affection, and guidance to the daughters. The United States appealed the judgment, specifically challenging the basis and calculation of the damage awards.

The determination of whether an appellant in the United States Court of Appeals has preserved for review the asserted errors upon which he relies is governed by the Federal Rules of Civil Procedure, 28 U.S.C.A., and federal decisional law.

Issue

The main legal issues were whether the damage awards were supported by evidence and whether certain awards should have been reduced to present value.

The United States appeals on the question of damages only.

Rule

The court applied the principle that damages in wrongful death actions must be compensatory in nature, and that awards for pecuniary loss must be reduced to present value, while awards for loss of consortium and parental care do not require such reduction.

In applying this principle it has been held in effect that where the injured person is receiving injury-related benefits payable from unfunded general revenues such benefits are to be deducted from any federal tort claims award.

Analysis

The court analyzed the evidence presented during the trial, determining that the awards made to Mrs. Hayashi and her daughters were sufficiently supported by the testimonies provided. The court noted that the trial judge's method of calculating damages, while mechanical, was appropriate for estimating losses that are difficult to quantify. The court also emphasized that the awards for loss of consortium and parental care were not subject to present value reduction, as they were not strictly pecuniary in nature.

In our view the awards referred to above are amply supported by the evidence.

Conclusion

The court affirmed the trial court's judgment, concluding that the damage awards were adequately supported by the evidence and that the trial court did not err in its calculations.

Affirmed.

Who won?

The prevailing party was Mrs. Hayashi and her daughters, as the court upheld the damage awards made to them, finding sufficient evidence to support the amounts awarded.

The court found that the evidence sufficiently supported the awards and that the trial court did not err in its calculations.

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