Friday, April 26, 2013

Value of Life in Wrongful Death

The Supreme Court of Mississippi handed down Laney v. Martin Vance, individually and on behalf of the Wrongful Death Beneficiaries of Mamie Vance Hemphill yesterday.  A link to the opinion is below.   
 
 
The case reversed a $1,000,000.00 judgment against Dr. Laney and remanded the matter for a new trial.  The case largely dealt with improper jury instructions and improper comments by the Plaintiff’s attorney in closing.  The main issue the court reversed on was that the value of life is not recoverable in a wrongful death case.  The Court reasoned that Mississippi Code Annotated  §11-1-69(2) prohibits the recovery for the loss of enjoyment of life caused by death in a wrongful death case and by analogy any instruction concerning the “value of life” is therefore reversible error. 
 
If you read the opinion, the damages that are recoverable as outlined in ¶6 of the opinion appear to encompass the value of a person’s life but you cannot instruct the jury to determine the actual value of a person’s life due to the statutory prohibition.  
 
From my reading of the opinion, you can legally recover the items that encompass the value of the deceased’s life which include “(1) the present net cash value of the life expectancy of the deceased, (2) the loss of the companionship and society of the decedent,(3) the pain and suffering of the decedent between the time of injury and death, and (4) punitive damages.” McGowan v. Estate of Wright, 524 So. 2d 308, 311 (Miss. 1988) (citing Jesco, Inc. v. Whitehead, 451 So. 2d 706, 710 (Miss. 1984)); Sheffield v. Sheffield, 405 So.2d 1314, 1318 (Miss. 1981); Dickey v. Parham, 331 So. 2d 917, 918-919 (Miss. 1976);Thornton v. Ins. Co. of North America, 287 So. 2d 262, 265 (Miss. 1973); Scott v. K-B Photo Service, Inc., 260 So. 2d 842, 844 (Miss. 1972); Boyd Constr. Co. v. Bilbro, 210 So.2d 637, 643 (Miss. 1968).  However, you cannot ask the jury or instruct the jury to actually award you the value of the person’s life. 
 
My take is that you cannot legally instruct the jury to do what they are going to do from a practical standpoint anyway.  Anyone have another take on it?
 

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