Ure v. Maggio Brothers Co.

BARNARD, P. J.

The plaintiff brought this action to recover damages for the death of her daughter, which occurred as a result of an automobile accident on March 28, 1936. On a previous appeal this court reversed a judgment for $10,000 general damages on the ground that that amount was excessive.

(Ure

v.

Maggio Bros. Co., Inc.,

24 Cal. App. (2d) 490 [75 Pac. (2d) 534].) On a retrial of the action, a jury awarded the plaintiff $6,000 general damages in addition to the special damages allowed. From the ensuing judgment the defendants have appealed.

[112]

There is no dispute as to the amount of the special damages and the main ground of this appeal is that the amount of the general damages, $6,000, is excessive.

The general facts and the pertinent rules of law' are set forth and discussed in the opinion on the former appeal and need not be here repeated. The respondent was 79 years old when her daughter was killed and had a normal life expectancy of 5.80 years. She lived in Pittsburgh, Pennsylvania, and from 1928 to 1935 the deceased lived with her in an apartment. During that time the deceased did a large share of the housework except for scrubbing, cleaning and laundry, which was done by outside help. The deceased had no income and her mother paid all of the expenses of maintaining the home and furnished her daughter with clothes. During a part of 1933 and the year 1934 the mother was ill and the deceased also acted as a nurse in caring for her. The mother testified at this trial, which occurred in July, 1938, that she recovered from her illness by April, 1935, that since that time she had been in good health and was able to do everything she was doing before her illness, and that since that time she had had no need for any such services as a practical nurse would give.

An employee of the Pittsburgh State Employment Service, after stating her qualifications and saying that she had heard the testimony with respect to the services which were rendered by the deceased to her mother prior to this accident, testified as to the value of such services. She testified that these services, during the time the deceased was acting as practical nurse for her mother, were worth $25 a week, from which should be deducted the value of her board and room, which would average from $8 to $10 a week. She then testified that such services, excluding those of a practical nurse, were worth from $10 to $15 a week, from which should be deducted the value of her board and room, averaging from $8 to $10 a week.