• 1995 - Elements of Damages (Wrongful Death)
  • C-70.38
    • Children And Minors
    • Damages
    • Damages
    • Parents
    • Wrongful Death
  • In deciding the amount of past and future damages for wrongful death, you may consider each of the following items of damage: 1) Compensation for economic damages which are damages arising from [medical expenses and medical care,] [rehabilitative services,] [custodial care,] [loss of earnings and earning capacity,] [loss of income or support,] [burial costs,] [costs of substitute domestic services,] [loss of employment or business or employment opportunities,] and other monetary losses; and 2) Compensation for non-economic damages which are damages arising from [pain,] [suffering,] [inconvenience,] [physical impairment,] [disfigurement,] [mental anguish,] [emotional distress,] [fear of injury, loss, or illness,] [loss of society and companionship,] [loss of consortium,] [injury to reputation,] [humiliation,] and other nonpecuniary damages.
    • 32-03.2-04
    • 32-03.2-05
    • Butz v. World Wide, Inc., 492 NW2d 88 (ND 1992)
    • First Trust Co. v. Scheels Hardware, 429 NW2d 5 (ND 1988)
    • Henke v. Peyerl, 89 NW2d 1 (ND 1958)
    • Hopkins v. McBane, 427 NW2d 85 (ND 1988)
  • Notes: This instruction applies to claims arising after July 8, 1987. This instruction requires modification if a survival action is simultaneously maintained. NDCC 32-03.2-05 and NDJI C - 90.56, Special Verdict, require separate findings which must specify past economic, future economic, and non-economic damages. See Butz v. World Wide, Inc., 492 NW2d 88, 92-94 (ND 1992) holding that a child does not have a cause of action for loss of parental consortium under North Dakota law. Thus, non-economic damages must be modified for a child claimant. See First Trust Co. v. Scheels Hardware, 429 NW2d 5, 13 (ND 1988) discussing the instruction for loss of enjoyment of life as an element of damages; a parent may recover for the loss of a child's society and companionship caused by negligence.