Yowell v. Piper Aircraft Corp.
703 S.W.2d 630, 29 Tex. Sup. Ct. J. 164, 54 U.S.L.W. 2401 (1986)
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Rule of Law:
In Texas wrongful death actions, statutory beneficiaries may recover damages for 'loss of inheritance,' defined as the present value of the assets that the deceased, in reasonable probability, would have accumulated and left to the beneficiaries at their natural death.
Facts:
- On February 22, 1977, Howard Reed Yowell, James Luther Ward, Jr., Jimmy Kenneth Fulkerson, and Fabe Ingram, Jr. were passengers in a Piper PA-31-310 aircraft.
- While flying at approximately 10,000 feet near Springdale, Arkansas, the aircraft sustained a mid-air breakup.
- The airplane crashed to the ground as a result of the structural failure.
- All four men were killed in the crash, and there were no survivors.
- The plaintiffs in the subsequent lawsuit were the decedents' widows, children, and parents.
- The defendant, Piper Aircraft Corp., was the manufacturer of the aircraft involved in the crash.
Procedural Posture:
- The estates and families of the four decedents (the Yowells) sued Piper Aircraft Corp. in a Texas district court (trial court).
- After a five-week trial, the jury found Piper liable and awarded the Yowells over eight million dollars in damages.
- The trial court entered a judgment on the verdict in favor of the Yowells.
- Piper, as appellant, appealed the judgment to the court of appeals (intermediate appellate court). The Yowells were the appellees.
- The court of appeals reversed the trial court's judgment and remanded the cause for a new trial.
- The Yowells, as appellants, then appealed to the Supreme Court of Texas (highest court) for review. Piper was the appellee.
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Issue:
Under the Texas wrongful death statute, are statutory beneficiaries entitled to recover damages for loss of inheritance, representing the assets the decedent would have likely accumulated and passed on to them but for the wrongful death?
Opinions:
Majority - Spears, Justice
Yes, statutory beneficiaries are entitled to recover damages for loss of inheritance. These damages represent a pecuniary loss suffered by the beneficiaries to the extent the decedent would have accumulated property and passed it on to them at a later, natural death. The court reasoned that while calculating such a loss involves some speculation, it is no more speculative than other recognized elements of future pecuniary loss in wrongful death cases, such as lost support or guidance. The court held that preventing such recovery would unfairly protect the wrongdoer from the full consequences of their actions. Citing numerous other state and federal precedents, the court defined loss of inheritance damages as 'the present value that the deceased, in reasonable probability, would have added to the estate and left at natural death to the statutory wrongful death beneficiaries.' The court also found that the plaintiffs' pleadings for lost future earnings gave the defendant fair notice of this claim for pecuniary benefits.
Dissenting - McGee, Justice
No, statutory beneficiaries should not be entitled to recover damages for loss of inheritance. The dissent argued that loss of inheritance damages are special damages that must be specifically pleaded under Texas rules, which the plaintiffs failed to do. More substantively, the dissent contended that such damages are far too speculative, requiring the jury to 'stack presumption upon a presumption' by guessing whether the decedent would have accumulated wealth and then whether they would have passed it on to the beneficiaries. The dissenting justice also argued that the trial court abused its discretion by allowing the plaintiffs to add a new survival cause of action for mental anguish at the very end of the trial, which unfairly prejudiced Piper's ability to mount a defense.
Analysis:
This case is significant for formally establishing 'loss of inheritance' as a recoverable element of damages in Texas wrongful death actions, expanding the scope of potential recovery for plaintiffs. By classifying this loss as pecuniary and rejecting the argument that it is too speculative, the court provided a new avenue for beneficiaries to seek compensation for the future wealth their deceased family member would have likely accumulated. This decision aligns Texas with a majority of jurisdictions and reinforces a trend of expanding damages available in wrongful death cases, as also seen in the court's extension of loss of society damages to all statutory beneficiaries.
