Taylor v. Southern Pacific Transportation Co.
637 P.2d 726, 1981 Ariz. LEXIS 261, 130 Ariz. 516 (1981)
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Rule of Law:
In a wrongful death action, evidence of the surviving spouse's remarriage is inadmissible for the purpose of mitigating damages under the collateral source rule.
Facts:
- On November 2, 1974, a car driven by Dennis Taylor, with his wife Kathy Taylor as a passenger, collided with a train.
- The train was owned by Southern Pacific Transportation Company and operated by Wilber L. Biggerstaff.
- Kathy Taylor died as a result of the collision.
- At the time of the accident, Dennis and Kathy Taylor had been married for approximately two months.
- Sometime after his wife's death and prior to the trial, Dennis Taylor remarried.
- During cross-examination at trial, defense counsel asked Taylor, "Now, are you implying that since Kathy’s death you have done without homemaking services?"
- Shortly thereafter, defense counsel asked Taylor, "How many times have you been married, Mr. Taylor?"
Procedural Posture:
- Dennis Taylor sued Southern Pacific Transportation Company and Wilber L. Biggerstaff in a state trial court for the wrongful death of his wife.
- Before trial, the court granted Taylor's motion in limine to prohibit the defendants from mentioning his remarriage.
- A jury found defendant Biggerstaff not liable, but found defendant Southern Pacific liable for $7,000 in compensatory damages and $200 in punitive damages.
- Taylor moved for a new trial based on defense counsel's misconduct in violating the in limine order and the insufficiency of the damages.
- The trial court granted Taylor's motion for a new trial against both defendants on all issues.
- Southern Pacific (appellant) appealed the order granting a new trial to the Supreme Court of Arizona.
- Taylor (cross-appellant) cross-appealed the trial court's failure to impose monetary sanctions on the defendants' attorneys.
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Issue:
Is evidence of a surviving spouse's remarriage admissible in a wrongful death action to mitigate damages?
Opinions:
Majority - Cameron, Justice
No, evidence of a surviving spouse's remarriage is not admissible in a wrongful death action. The court affirms the majority exclusionary rule, which is supported by three primary rationales: damages are calculated as of the time of death, the value of a new spouse's contributions compared to the deceased's is too speculative, and the collateral source rule applies. The court primarily relies on the collateral source rule, reasoning that a tortfeasor should not receive a windfall or benefit from the surviving spouse's remarriage, just as a tortfeasor does not benefit when a plaintiff's injuries are covered by their own insurance. Furthermore, admitting such evidence could create a socially undesirable incentive for surviving spouses to delay remarriage until after litigation concludes. Therefore, the trial court was correct to exclude evidence of Taylor's remarriage.
Analysis:
This decision solidifies Arizona's adoption of the majority rule excluding evidence of a surviving spouse's remarriage in wrongful death claims. By applying the collateral source rule to this context, the court treats remarriage as a benefit from an independent source that cannot be used to reduce a tortfeasor's liability. This precedent establishes a clear, bright-line rule for practitioners, preventing juries from considering a subsequent marriage when calculating damages for loss of consortium, services, and companionship, thereby simplifying damage calculations and protecting plaintiffs from potentially prejudicial information.
