Griott v. Gamblin
| Decision Date | 08 August 1961 |
| Parties | John Martin GRIOTT et al., Plaintiffs, v. Robert A. GAMBLIN et al., Defendants. John Martin GRIOTT, William Raymond Griott, Paul A. Griott, Eugene V. Griott, Mary M. O'Dell, Richard F. Griott and Harry J. Griott, Respondents, v. Robert HUMPHREYS, dba Economy Plumbing (sued as Economy Plumbing Company) and Robert A. Gamblin, Appellants. Civ. 24995. |
| Court | California Court of Appeals Court of Appeals |
Stephen J. Grogan, Los Angeles, for appellants.
Loveless, Schauer & Clarke, Orville O. Clarke, Los Angeles, for respondents.
This is an appeal from a judgment in favor of plaintiffs in a wrongful death action. The only issue raised on appeal is the contention that the trial court, sitting without a jury, erred is awarding the plaintiffs damages in the amount of $8,483.20. 1 The appellants argue that such an amount was excessive, 'not justified or supported by the evidence and not warranted under the statutes relating to wrongful death'.
This wrongful death action was brought by seven adult children, the heirs of Henry J. Griott, to recover damages based upon their having 'been deprived of the care, comfort and society of the Decedent, their father * * *' and for funeral and burial expenses incurred by reason of the decedent's death. The evidence disclosed that the decedent was a widower, 78 years old and in apparent good health for a man of his age at the time of his negligently caused death. His normal life expectancy was about seven years. There was no contention that any of the plaintiffs received monetary contributions from the decedent during the five years immediately preceding his death. On the contrary, the evidence indicated that the majority of the plaintiffs contributed small sums of from five to ten dollars monthly to assist in their father's support.
The evidence disclosed that the family was extremely close and that the decedent was a devoted father who raised his family after the death of his wife in 1929. The closeness of the family unit continued to Mr. Griott's death and was predicated upon the great love and devotion that he gave to the comfort, society and protection of his children. He had resided in Los Angeles with one son, for whom he performed all household functions. The remainder of his children, with the exception of one son who resided in Arizona, visited him weekly or more often and he performed baby sitting and various other household services for them. The son who lived in Arizona saw or talked to his father whenever he visited Los Angeles. Each of the children had great respect for the father and frequently sought his advice and counsel.
The appellants' only contention is that the trial court erred in awarding the decedent's children $7,700 damages for the pecuniary loss suffered by them by the wrongful death.
In any wrongful death action, '* * * damages may be given as under all the circumstances of the case, may be just * * *' Code Civ.Proc., § 377. It has been often held that while justice requires such damages be limited to pecuniary loss, the loss may, if the circumstances warrant, include the deprivation of the comfort, protection and society of the deceased. Newton v. Thomas, 137 Cal.App.2d 748, 769-770, 291 P.2d 503. These factors are not only proper elements of a recovery but have actual value and cannot be compensated for by merely nominal damages. Wilson v. City & County of San Francisco, 106 Cal.App.2d 440, 444, 235 P.2d 81; Duclos v. Tashjian, 32 Cal.App.2d 444, 453, 90 P.2d 140.
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Corder v. Corder
...court then mentioned the (if you read it, very short and unquestionably superficial) Court of Appeal decision in Griott v. Gamblin (1961) 194 Cal.App.2d 577, 15 Cal.Rptr. 228, the longer Benwell case, and finally the 1882 Supreme Court decision in Cook v. Clay Street Hill R.R. Co. (1882) 60......
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