Green v. Bittner
424 A.2d 210, 1980 N.J. LEXIS 2266, 85 N.J. 1 (1980)
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Rule of Law:
In a wrongful death action for a minor child, the term 'pecuniary injuries' under N.J.S.A. 2A:31-5 is expanded to include damages for the parents' loss of the pecuniary value of their child's future companionship, advice, and counsel, in addition to traditional damages for lost services and financial contributions.
Facts:
- Donna Green was a high school senior from a close-knit family of six children.
- She was described as a hard-working, dependable, and conscientious student who helped with household chores, including babysitting her younger siblings.
- Since the age of 14, Green had worked part-time jobs after school, on weekends, and during the summer.
- She planned to attend college and pursue a career in business.
- Donna Green was killed in an automobile accident during the spring of her senior year.
Procedural Posture:
- Donna Green's parents brought a wrongful death action in a New Jersey trial court.
- Liability was established against the defendant in a separate trial.
- A subsequent trial was held solely on the issue of damages, where the jury returned a verdict of zero damages.
- The plaintiffs' motion for a new trial was denied by the trial court judge.
- The plaintiffs appealed the denial to the Appellate Division, which affirmed the trial court's decision in an unreported opinion.
- The plaintiffs then appealed to the Supreme Court of New Jersey.
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Issue:
Does the term 'pecuniary injuries' in the New Jersey Wrongful Death Act permit surviving parents to recover damages for the loss of their deceased child's future companionship, advice, and counsel?
Opinions:
Majority - Wilentz, C. J.
Yes. The term 'pecuniary injuries' under the New Jersey Wrongful Death Act allows parents to recover damages for the loss of a deceased child's companionship, advice, and counsel, provided these losses are limited to their pecuniary value. The court reasons that the prior, restrictive interpretation, which focused almost exclusively on the value of lost household chores, is outdated and often results in a miscarriage of justice, such as the zero-damages verdict in this case. Drawing an analogy to cases where children recover for the loss of parental guidance, the court finds it inconsistent to deny parents recovery for the similar loss of filial companionship and counsel as they age. This expanded recovery is not for emotional suffering, but for the monetary value of services that would otherwise have to be purchased, such as those from a hired companion, business advisor, or therapist. By allowing juries to consider these real, quantifiable losses, verdicts will more accurately reflect the actual pecuniary harm suffered by the parents.
Analysis:
This decision significantly broadens the scope of recoverable damages in child wrongful death cases in New Jersey, moving away from an antiquated model that viewed a child primarily as an economic asset or liability based on chores and potential earnings. By recognizing the pecuniary value of companionship and guidance, the court modernizes the concept of 'pecuniary injuries' to reflect the lifelong, multifaceted relationship between parent and child. The ruling establishes a new precedent that requires courts to instruct juries on these additional elements of damages, while also creating the challenge of quantifying these less tangible losses without compensating for purely emotional grief. This will likely lead to greater use of expert testimony to establish the marketplace value of such services in future wrongful death litigation involving children.
