Crystal v. Hubbard
Decision Date | 05 October 1982 |
Docket Number | Docket No. 63831,No. 4,4 |
Citation | 414 Mich. 297,324 N.W.2d 869 |
Parties | Larry CRYSTAL, Administrator of the Estate of Jackie Lynn Hubbard, Deceased, Plaintiff-Appellant, v. Steven Carl HUBBARD and Steven T. Komar, jointly and severally, Defendants- Appellees. Calendar |
Court | Michigan Supreme Court |
Bebout, Potere, Cox, Hughes & Cadieux by John D. Cadieux (P-11506), Rochester, for plaintiff-appellant.
Stiles, Fowler & Tuttle by Larry D. Fowler (P-13604), Lansing, for defendants-appellees.
We are required in this case to address the difficult question whether, in a wrongful death action, the deceased's siblings may recover damages for loss of the society and companionship of their sister.
We hold that they may.
Jackie Lynn Hubbard died when the automobile driven by her husband, defendant Steven Hubbard, in which she was riding, collided with another operated by defendant Steven T. Komar. Ms. Hubbard's father was named administrator of her estate, and he filed this action under the wrongful death provisions of M.C.L. Sec. 600.2922; M.S.A. Sec. 27A.2922. His complaint sought damages for funeral and burial expenses, for Ms. Hubbard's pain and suffering preceding her death, and for the personal losses of society and companionship sustained by Ms. Hubbard's five surviving brothers and sisters, her father and her mother.
The defendants admitted liability, and the case was tried to a jury on the issue of damages. At trial, defendants objected to plaintiff's claims on behalf of Ms. Hubbard's siblings, asserting that the statute precluded them from recovering. The trial judge disagreed, permitted the plaintiff to submit evidence of the loss suffered by all family members and submitted a special verdict form to the jury which was returned after having been completed as follows:
In conformance with this verdict, a judgment of $79,433.55 was entered in plaintiff's favor. 1
Defendants appealed, claiming 1) that the damages awarded in item 5 of the verdict form are not permitted under Sec. 2922(2); 2) that use of a special verdict form apportioning damages among individuals is precluded by the apportioning provisions of Sec. 2922(2); and 3) that the $10,000 award for pain and suffering was excessive.
As to defendants' first claim, the Court of Appeals concluded that Sec. 2922(2) permitted only actual heirs at law and nearest of kin to seek recovery for a wrongful death and that since Ms. Hubbard's siblings were related under civil law only in the second degree, while her parents were first-degree kin, the plaintiff's judgment must be reduced by $43,000, the amount awarded to Ms. Hubbard's siblings.
In the dispositional part of its published opinion, 2 the Court of Appeals stated:
"That portion of the judgment representing the claims of the siblings is shown by the jury's verdict to total $43,000. Taking into account the unchallenged post-judgment remittitur of $5,000, the amount of the greatest judgment supported by the law is $31,433.55. 9
As is evident from the quoted footnote, the Court of Appeals considered defendants' second claim of error and rejected the contention that the trial judge erred in submitting the special verdict form to the jury.
By the same token, the Court of Appeals statement that "the amount of the greatest judgment supported by law is $31,433.55" is at least an implicit indication of the Court's rejection of defendants' claim that the $10,000 award for pain and suffering was excessive and unreasonable.
Defendants have done nothing to pursue either of these latter two claims since the submission of their brief to the Court of Appeals. Contrary to the assertions made in their brief to this Court, nothing in our order granting leave precluded them from advancing those claims here. 3 Because they are not asserted here, we do not consider these claims. 4
We turn then to decide whether the brothers and sisters of a person suffering death wrongfully at the hands of another are entitled to seek damages for loss of society and companionship in cases where the decedent has left a surviving spouse and parent.
Resolution of the issue begins with an interpretation of the meaning of the following statutory passage from Sec. 2922:
The primary and generally understood meaning of that critical statutory language, construed in light of the effect of its practical application taken together with our assessment of the historical development of Sec. 2922, and the case law construing its evolving provisions, including the legislative reaction thereto, lead us to conclude that the Legislature's purpose would be defeated by the Court of Appeals interpretation of Sec. 2922. We are convinced that the Legislature never intended, in a case such as this one, to limit the right to seek damages for wrongful death to the actual "heirs at law" by which is meant those persons who are the nearest of kin actually surviving decedent who would be entitled to inherit pursuant to our law of descent and distribution.
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