Life — continued from Page 42
protection, affection, society and moral support. In performing this task, they are instructed:
No fixed standard exists for decid-
ing the amount of noneconomic dam- ages. You must use your judgment to
decide a reasonable amount based on the evidence and your common sense. (CACI 3921). In order to maximize recovery for
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these noneconomic damages, trial lawyers must spend time and effort in creatively gathering and presenting evi- dence of the plaintiff ’s loss in a way that the jury can appreciate. Finding ways that the relationship between the plain- tiff and the decedent was unique and special are essential. Defendants, and especially insurance companies, are too inclined on appeal to present a summary or average of wrongful death verdicts in other, non-similar cases as a basis for a “reasonable” wrongful-death award. Courts, however, have found that a case alleging non-economic damages for the loss of a family member must be deter- mined on its own facts. (See DiRosario v. Havens (1987) 196 Cal.App.3d 1224, 1241.)
Developing the family relationship Every relationship is based on some-
thing that is unique and special; our most important task as trial attorneys is to find ways to make the jury see and appreciate that relationship between the decedent and the plaintiff.
In Cuthbertson v. MTA, the jury heard
evidence of an extraordinarily unique relationship between a mother and her son. The evidence established that Cameron Cuthbertson was a “Mama’s boy” who never left home and lived with his mother from the day that he was born until the day he died. After Mary’s hus- band died and her other children left home, Cameron stayed at his mother’s side. For 48 years, Cameron was Mary’s companion and gave her life special pur- pose and meaning. The two forged an even closer and
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more meaningful bond when they both discovered they were suffering from pro- gressive impairments. He began to lose his sight as she started losing her hear- ing, and as a result, she served as his eyes and he was her second set of ears. Together they made “a great team” and
See Life, Page 48
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