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Nelson v. Dolan

Supreme Court of Nebraska
434 N.W.2d 25 (1989)
ELI5:

Rule of Law:

Under Nebraska law, damages for a next of kin's mental anguish are not recoverable in a wrongful death action, which is limited to pecuniary loss. However, a decedent's estate may recover damages in a survival action for the conscious pre-injury mental anguish the decedent suffered from the apprehension and fear of impending death.


Facts:

  • In the early morning of June 22, 1984, 17-year-old Robert James Nelson was driving a motorcycle with his friend, Kevin Coffin, as a passenger.
  • Paul J. Dolan began pursuing Nelson's motorcycle in his automobile.
  • In an effort to escape, Nelson accelerated to 85 miles per hour, but Dolan continued to follow closely, at times only one or two feet behind the motorcycle.
  • After Coffin became scared and hit the hood of Dolan's car, Dolan backed off, then accelerated and struck the motorcycle.
  • The car and motorcycle became locked together and traveled for approximately 268 feet over a period of about 5 seconds, during which Nelson attempted to maintain control.
  • The motorcycle eventually struck a light post, and Nelson was crushed under Dolan's car, resulting in instantaneous death.

Procedural Posture:

  • Phyllis F. Nelson, as personal representative for Robert James Nelson's estate, sued Paul J. Dolan in the Nebraska district court (trial court), joining a wrongful death action with a survival action on behalf of the estate.
  • Dolan admitted that his negligence proximately caused Nelson's death.
  • Prior to trial, Dolan filed a motion in limine to exclude evidence of mental anguish.
  • The district court sustained Dolan's motion, preventing the jury from hearing evidence about the mental anguish of either the next of kin or the decedent himself.
  • Following a trial on other damages, the jury returned a verdict for the plaintiff in the amount of $37,968.26.
  • The plaintiff, Phyllis F. Nelson, appealed the district court's ruling on the motion in limine to the Supreme Court of Nebraska.

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Issue:

Under Nebraska law, are damages for mental anguish recoverable in 1) a wrongful death action for the suffering of the next of kin, and 2) a survival action for the decedent's own pre-impact fear of impending death?


Opinions:

Majority - Caporale, J.

No as to the next of kin's suffering; Yes as to the decedent's pre-impact fear. Nebraska's wrongful death statute only permits recovery for the pecuniary loss suffered by the next of kin; it does not allow for damages based on their mental suffering or bereavement. The court reasoned that its long-standing interpretation limiting recovery to pecuniary loss has not been amended by the legislature, implying legislative acquiescence. However, a decedent's estate can recover for the conscious pre-fatal-injury mental anguish and fear of impending death. The court found no logical distinction between allowing recovery for post-injury pain and suffering (which is well-established) and allowing recovery for the pre-injury terror of knowing death is imminent. The court concluded that the offer of proof, detailing the 5 seconds Nelson was aware of the terrifying situation before impact, provided a sufficient, non-speculative basis for a jury to find he suffered such conscious pre-impact mental anguish.



Analysis:

This decision solidifies Nebraska's strict adherence to the pecuniary loss rule in wrongful death actions, foreclosing recovery for the grief of surviving family members. More significantly, it establishes new precedent by recognizing a claim for 'pre-impact terror' in survival actions. This creates a new category of damages available to a decedent's estate, allowing recovery for the conscious suffering a person endures in the moments before a fatal injury. The ruling will impact future personal injury and wrongful death litigation by encouraging plaintiffs to seek evidence demonstrating a decedent's awareness and fear immediately preceding their death, even if the period of awareness was very brief.

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