Life — continued from Page 48
care of him and it established a sense of value for herself in terms of that role. . . .
The loss of this child, this adult
child, it has had repercussions for her. . . . It’s left a huge void and it’s an
emptiness that’s not fulfilled by her other children. Her other son moved in to be there with her, but he’s a truck driver and not physically there much of the time. She’s alone. He was her companion. He was someone who she counted on, both to help her with her chores, but also it made her feel need- ed. She is missing the person who was her constant companion. The jury also heard and saw how the
loss of Cameron has affected Mary. On the day that she testified, the extent of her hearing impairment became readily apparent when she could not hear the questions posed to her even after counsel used a microphone that was set up only a few feet away from her. Without Cameron and the unique tone and pitch of his voice that she could hear, Mary is alone and isolated from people and even her other loving children because she cannot hear them. She looked lost and forlorn, and eventually collapsed on the stand crying while testifying: “I lost the one I needed the most. He was – I lost my companion. I lost my second ears. I lost the one who gave me security, a sense of security. I can hear him calling me, and I can see him on the ground.” Based on such uncontroverted evi-
dence, the jury awarded $5 million for Mary’s past loss (when such loss was most acute), and $1 million for every year she had remaining (12 years).
Relevant cases Even though no fixed standard
exists for determining noneconomic damages, defendants often challenge the amounts awarded for these damages in wrongful death cases on the basis that they were “excessive.” An appellate court, however, “will interfere with the jury’s determination only when the award is so disproportionate to the injuries suffered that it shocks the con- science and virtually compels the conclu- sion the award is attributable to passion or prejudice.”(Rufo v. Simpson (2001) 86 Cal.App.4th 573, 615; Wright v. City of Los Angeles (1990) 219 Cal.App.3d 318, 355-356 [upholding wrongful death
See Life, Page 52 50 — The Advocate Magazine JANUARY 2012
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