KROUSE V. GRAHAM 19 Cal.3d 59, 562 P.2d 1022 (1977) CASE BRIEF

KROUSE V. GRAHAM

19 Cal.3d 59, 562 P.2d 1022 (1977)

NATURE OF THE CASE: Graham (D) appealed a verdict for Krouse (P) contending the trial court erred in (1) instructing the jury that P, the husband, could recover wrongful death damages for loss of his wife's 'love, companionship, comfort, affection, society, solace or moral support, [and] any loss of enjoyment of sexual relations ...,' (2) instructing the jury that Ps could recover wrongful death damages for 'mental and emotional distress.'

FACTS: The P automobile had been parked at the curb in front of a friend's house. While Benjamin remained in the driver's seat, his wife, Elizabeth, and the friend removed groceries from the back seat of the car. When they returned to the curb and commenced to shut the car door, D's vehicle approached the rear of the car, straddled the curb, and struck both women before colliding with the rear of the parked car. The impact propelled P's vehicle 70 feet forward, threw the friend 20 feet into an embankment, and hurled Elizabeth under D's vehicle. The jury returned three separate verdicts for plaintiffs in the aggregate sum of $442,000. Benjamin and the Krouse children were awarded $300,000 in a lump sum for Elizabeth's wrongful death. Benjamin was also awarded $52,000 for his personal injuries and emotional suffering. The friend was awarded $90,000 for her personal injuries. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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