Krouse v. Graham

A car driven by Homer Graham (defendant) struck a parked car carrying Benjamin and Elizabeth Krouse and a neighbor; Elizabeth was killed and Benjamin was injured. Benjamin and the couple's five children (plaintiffs) brought a wrongful-death action, and Graham admitted liability, leaving only damages at issue. The trial court instructed the jury that Benjamin could recover nonpecuniary losses like loss of Elizabeth's love, companionship, affection, society, and sexual relations, as well as loss of her physical assistance around the home, and separately instructed that the children could recover "pecuniary value" of society, comfort, protection, and support. The jury awarded Benjamin $442,000 and the children $300,000; Graham appealed, arguing the children should not have been permitted to recover for nonpecuniary losses.