By Ben Solis
Gongwer news Service
Michigan's current Wrongful Death Act does not allow an estate recovery of lost future earnings of the deceased, the Supreme Court ruled Tuesday in a unanimous opinion.
In an opinion written by Justice David Viviano, the high court in Daher v. Prime Healthcare Services-Garden City LLC (MSC Docket No. 165377) also held that the Court of Appeals erred when it misapplied a 2016 case as controlling the recovery of lost future damages over Supreme Court precedent. The more recent case law did not overrule the high court's 1948 ruling on the matter and did not supersede the Legislature's current version of the WDA.
The lawsuit sought damages for the alleged malpractice death of a 13-year-old boy.
The Wayne Circuit Court denied a motion for future economic damages, which the Court of Appeals affirmed. The high court was asked to determine whether the estate of a child may recover damages for the child's lost future earnings; and to what specificity future earnings need be shown.
Viviano wrote Baker v. Slack, a Supreme Court case from 1948, held that an earlier version of the statute did not provide for recovery of lost future earnings absent a showing that a beneficiary was entitled to the money as financial support.
The Court of Appeals in the 2016 case Denney v. Kent County Road Commission, however, held that damages are allowed under the Wrongful Death Act, but did so without addressing the high court's holding in Baker.
In Daher, the appellate court concluded that Denney was controlling, and Baker had been superseded and overruled.
Viviano said the entire bench disagreed.
"We hold that, like the earlier version of the WDA, the current version does not allow for recovery of lost future earnings," Viviano wrote. "The Court of Appeals erred by failing to apply Baker. (Its) holding was never explicitly superseded by the Legislature or clearly overruled by this court. Therefore, the Court of Appeals was bound to follow it."
Viviano and the entire bench reaffirmed Baker's holding on lost damages not being available under the WDA, overruled Denney and the related Thorn v. Mercy Memorial Hospital Corporation.
Gongwer news Service
Michigan's current Wrongful Death Act does not allow an estate recovery of lost future earnings of the deceased, the Supreme Court ruled Tuesday in a unanimous opinion.
In an opinion written by Justice David Viviano, the high court in Daher v. Prime Healthcare Services-Garden City LLC (MSC Docket No. 165377) also held that the Court of Appeals erred when it misapplied a 2016 case as controlling the recovery of lost future damages over Supreme Court precedent. The more recent case law did not overrule the high court's 1948 ruling on the matter and did not supersede the Legislature's current version of the WDA.
The lawsuit sought damages for the alleged malpractice death of a 13-year-old boy.
The Wayne Circuit Court denied a motion for future economic damages, which the Court of Appeals affirmed. The high court was asked to determine whether the estate of a child may recover damages for the child's lost future earnings; and to what specificity future earnings need be shown.
Viviano wrote Baker v. Slack, a Supreme Court case from 1948, held that an earlier version of the statute did not provide for recovery of lost future earnings absent a showing that a beneficiary was entitled to the money as financial support.
The Court of Appeals in the 2016 case Denney v. Kent County Road Commission, however, held that damages are allowed under the Wrongful Death Act, but did so without addressing the high court's holding in Baker.
In Daher, the appellate court concluded that Denney was controlling, and Baker had been superseded and overruled.
Viviano said the entire bench disagreed.
"We hold that, like the earlier version of the WDA, the current version does not allow for recovery of lost future earnings," Viviano wrote. "The Court of Appeals erred by failing to apply Baker. (Its) holding was never explicitly superseded by the Legislature or clearly overruled by this court. Therefore, the Court of Appeals was bound to follow it."
Viviano and the entire bench reaffirmed Baker's holding on lost damages not being available under the WDA, overruled Denney and the related Thorn v. Mercy Memorial Hospital Corporation.
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