Wrongful Death - Measure of Damages - Nebraska Supreme Court Permits Recovery for Loss of Care, Comfort and Companionship upon the Death of a Minor in Nebraska - Selders v. Armentrout, 190 Neb. 275, N.W.2d 686 (1973)
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Authors
Culhane, Thomas J.
Issue Date
1974
Volume
7
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|On February 2, 1967, an automobile accident occurred in Nebraska, resulting in the deaths of Marcella, Doureen and Gary Selders. These deaths were to spawn a series of lawsuits which would be reviewed on three separate occasions by the Supreme Court of Nebraska and which, ultimately, would result in a redefinition of the measure of damages for the wrongful death of a minor child in Nebraska. At the time of their deaths Marcella, Doureen and Gary Selders were fifteen, thirteen and nine years old respectively. Their parents were named administrator and administratrix of their children's estates and, in this capacity, filed suit in the District Court of Madison County, Nebraska, seeking recovery under the Nebraska Wrongful Death Statute (sections 30-809 and 30-810), for the damages suffered as a result of the wrongful death of their children. The parents sought reimbursement for the medical and funeral expenses incident to their children's deaths, and for the loss of those contributions they could reasonably have expected to receive from their children had they lived, both common elements of damage for the wrongful death of a child in Nebraska. In addition, however, they sought compensation for sums expended in raising their children until their deaths and asked that the loss of their children's care, comfort and companionship be considered an element of damage. Denying these latter requests, the trial judge instructed the jury that only medical and funeral expenses and lost contributions could be recovered. The jury returned a verdict in the plaintiffs' favor for $3,692.11, the exact amount of the medical and funeral expenses...
Description
Citation
7 Creighton L. Rev. 147 (1973-1974)
Publisher
Creighton University School of Law