GREEN V. BITTNER 424 A.2d 210 (1980) CASE BRIEF

GREEN V. BITTNER

424 A.2d 210 (1980)

NATURE OF THE CASE: Green (P) sought review of an order which affirmed the trial court's failure to award damages in Ps' wrongful death claim against Bittner (D), respondent tortfeasor. D's liability was established at a separate proceeding.

FACTS: In the spring of her senior year at high school, Donna Green was killed in an automobile accident. She was one of six children. She was a good student, did her share of household tasks, including babysitting and keeping the younger children busy so that her mother was free to do other things. She worked after school, as well as on weekends and in the summer, and had done so since she was 14. She helped provide for her own material needs and was saving for her forthcoming graduation festivities. She had definite plans to enter college and ultimately to embark on a business career. Although others described her as fun-loving, ebullient and popular, her mother, who concurred, nevertheless characterized her as level-headed. She was always there when she was needed; she always came through. She was a good-hearted, devoted and dependable daughter. Ps sued D under wrongful death. The trial court charged the jury that their verdict, in accordance with N.J.S.A. 2A:31-5, was to reflect only past, present and future pecuniary losses to the survivors, including any direct financial contributions that Donna might have made, but was not to compensate for grief and sentimental losses. In addition, the trial judge stated, 'the term financial loss also includes the reasonable value of benefits which would have been received by a survivor in the nature of services or assistance or guidance if the decedent had continued to live.' The jury was further instructed to deduct from the value thus determined the costs of feeding, clothing and educating Donna until her majority. This would have included the $4,000 her father was planning to spend for her college tuition. The jury returned a verdict of no damages. Ps' motion for a new trial on damages was denied. The trial judge concluded that 'it would be reasonable for this jury to come to [the] conclusion that the value of her services to baby sit or to dry dishes was far exceeded by the cost to the family of feeding, clothing and educating her.' The judge concluded, that a clear and convincing miscarriage of justice had not occurred. The Appellate Division affirmed this denial in an unreported opinion. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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