Nelson v. Dolan

Dolan (defendant), driving recklessly close behind a motorcycle carrying 17-year-old Robert Nelson and a passenger, struck the motorcycle after the passenger slapped his car's hood; the vehicles remained locked together for several seconds before the motorcycle hit a light post and Robert was killed instantly. Robert's mother (plaintiff) brought both a wrongful-death action for Robert's next of kin and a survival action for his estate. The trial court excluded evidence of Robert's pre-death mental anguish and his mother's grief, and after Dolan admitted his negligence caused the death, the jury awarded a limited sum; the mother appealed the exclusion of pain-and-suffering evidence.