(Download) "Butler v. Steck" by Supreme Court of Connecticut * eBook PDF Kindle ePub Free
eBook details
- Title: Butler v. Steck
- Author : Supreme Court of Connecticut
- Release Date : January 20, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The plaintiff's decedent received fatal injuries
on May 2, 1957, when a motorcycle he was riding
collided with the automobile of the named defendant,
which was being driven by his son, the defendant
James Steck, Jr. The present action under the wrongful
death statute was tried to a jury. The jury returned
a verdict for $6595.40 against the defendants Steck.
The trial court, on the plaintiff's motion, set this
verdict aside as inadequate. The defendants Steck
have appealed. The only issue is whether the court's
action was erroneous. Our wrongful death statute allows the recovery
of "just damages together with the cost of reasonably
necessary medical, hospital and nursing services,
and including funeral expenses." Rev. 1958, 52-555.
We discussed our rule for measuring damages resulting
from death in Chase v. Fitzgerald, 132 Conn. 461, 469,
45 A.2d 789, and we have refined it in subsequent
decisions. Lengel v. New Haven Gas Light Co.,
142 Conn. 70, 77, 111 A.2d 547; McKirdy v. Cascio,
142 Conn. 80, 84, 111 A.2d 555; Fairbanks v. State,
143 Conn. 653, 658, 124 A.2d 893; and Floyd v. Fruit
Industries, Inc., 144 Conn. 659, 669, 136 A.2d 918.
We recapitulate from these cases the elements which
enter into an award of damages for wrongful death.
"Damages for wrongful death, as such, are allowed as
compensation for the destruction of the decedent's
capacity to carry on life's activities, including
his capacity to earn money, as he would have if he
had not been killed. . . . In the case of one who
is gainfully employed. . the destruction of earning
capacity may well be the principal element of
[146 Conn. 116]