Super. Ct. rebuffs bid to minimize wrongful death recovery
MAINES V. HOPE ENTERPRISES, 762 MDA 2013 (PA.SUPER. APRIL 25, 2014) (NON-PRECEDENTIAL)
Decedent’s mother, who is mentally disabled, was unable to testify eloquently at trial about the effect of losing her daughter. Her disability also limited the amount of contact she had been able to have with her daughter. Defendants argued that her testimony was insufficient to support the amount the jury awarded under the Wrongful Death Act and the trial court agreed, granting a new trial.
But the Superior Court found that her testimony and testimony from other family members regarding the effect of the lost relationship with her daughter was the best evidence available and was sufficient for the jury to assign a value to the mother’s loss. The Court reversed the trial court order. Read Opinion >
Champion of Justice Michael Pisanchyn, Jr., Esq. of Scranton was plaintiff counsel.
