View opinion on Lexis Advance[T]he measure of damages for the wrongful death of a minor child should be extended to include the loss of the society, comfort, and companionship of the child.
Torts II, Pages 603–605
Selders v. Armentrout
Supreme Court of Nebraska, 1973
Facts:
Three children were killed in an automobile accident due to defendant's negligent conduct. The parents sued for wrongful death.
Issue:
What damages are in a wrongful death case for children?
Procedural History:
Trial court said medical and funeral costs plus expected benefits minus costs
Plaintiff's Argument:
The loss of the society, comfort, and companionship are compensable, as well as amounts invested or expended
Reasoning:
Children used to have to work on the farm or in the factories. Now that is not usually expected, so they are not highly valued in that respect and actually cost parents money. This would imply that children have a negative worth to their parents. Children should be more valued than that.
Rule/Holding:
Judgment:
Affirmed.
Dissenting Opinion:
: The majority throws out 50 years of law without even a public hearing. It opens the doors to emotion and sentiment.