• 1995 - Proof of Damages (Wrongful Death)
  • C-70.45
    • Children And Minors
    • Damages
    • Damages
    • Parents
    • Wrongful Death
  • In deciding the amount of damages, you may consider: the age, state of health, and physical condition of [the Decedent] and [the Decedent's] heirs; [the Decedent's] life expectancy, as will be explained; whether or not [the Decedent] showed a likelihood of contributing to the support of the heirs; the earning capacity, if any, of [the Decedent]; and all other facts in evidence that throw light upon the question of damages. [A [parent] is obligated to support the parent's minor children until they become adults. A minor becomes an adult at 18 years of age.] [Any verdict you return must represent the aggregate of the damages suffered by [the Decedent's] heirs.]
    • 32-03.2-04
    • 32-03.2-05
    • 32-21-01
    • 32-21-02
    • 32-21-03
    • Brauer v. James J. Igoe & Sons, Inc., 186 NW2d 459 (ND 1971)
    • Dahl v. N. Am. Creameries, 61 NW2d 916 (ND 1953)
    • Henke v. Peyerl, 89 NW2d 1 (ND 1958)
    • Hopkins v. McBane, 427 NW2d 85 (ND 1988)
    • Stejskal v. Darrow, 215 NW 83 (ND 1927)
    • Umphrey v. Deery, 48 NW2d 897 (ND 1951)
    • Willert v. Nielsen, 146 NW2d 26 (ND 1966)
  • Notes: NDJI C - 90.56, Special Verdict, must be used. The specific question must be inserted when this instruction is used. The verdict form used must specify the type of damages. See Stejskal v. Darrow, 215 NW 83 (1927) and Dahl v. N. Am. Creameries, 61 NW2d 916 (ND 1953) (overruled by Hopkins v. McBane, 427 NW2d 85 (ND 1988) to the extent that damages for loss of society, comfort, and companionship are recoverable for the wrongful death of an unborn child and recoverable for mental anguish). Consider whether the language, "a substantial loss will be presumed," is appropriate in view of the statutory language in NDCC 32-03.2-04. See NDJI C - 70.38, Elements of Damages.