Opinion

Smith v. City of Detroit Swarthout

  • 388 Mich. 637
  • 202 N.W.2d 300
  • 1972 Mich. LEXIS 142
Court
Michigan Supreme Court
Filed
Nov 29, 1972
Status
Published
Author
Brennan
On the bench
Kavanagh, Adams, Williams, Swainson, Black, Brennan
Cited by
78 cases
Authority
More cited than 0.2%

overruling Breckon v. Franklin Fuel Co. (1970), 383 Mich. 251, 174 N.W.2d 836, and reinstating Wycko v. Gnodtke (1960), 361 Mich. 331, 105 N.W.2d 118, which had interpreted the Michigan statute; after Breckon, the Michigan legislature amended Mich. Comp. Laws Ann. sec. 600.2922, which explicitly authorizes recovery for loss of society in all wrongful death actions

How later courts described this case

  • overruling Breckon v. Franklin Fuel Co. (1970), 383 Mich. 251, 174 N.W.2d 836, and reinstating Wycko v. Gnodtke (1960), 361 Mich. 331, 105 N.W.2d 118, which had interpreted the Michigan statute; after Breckon, the Michigan legislature amended Mich. Comp. Laws Ann. sec. 600.2922, which explicitly authorizes recovery for loss of society in all wrongful death actions
  • overruling Breckon v. Franklin Fuel Co., 383 Mich. 251, 174 N.W.2d 836 (1970). Therefore the court awards the following damages: Gertrude Remintra Accrued Lost Earnings 1969-1977 $107,324.00 Future Lost Earnings (reduced to present value
  • An architect was held liable for death resulting from a cave-in where he admitted that one of the provisions of the construction contract was that an excavation was to be maintained in a safe condition and that he had the right to stop the job if he deemed it necessary to enforce safety requirements.
  • Architect was liable for death resulting from cave-in where he admitted that one of the provisions of the contract was that an excavation was to be maintained in a safe condition and that he had the right to stop the job if he thought it necessary for enforcement of safety requirements.

Written by the judges who cited it.

The opinion

T. E. Brennan, J.

(dissenting). The majority refer several times to "pecuniary damages”. The phrase is redundant and confusing. No one has ever doubted the right of a plaintiff in a wrongful death action to recover "pecuniary damages”. All damages are pecuniary damages. Damage verdicts are always expressed in dollars and cents. They result in money judgments.

The issue, so long debated here, was never whether "pecuniary damages” could be awarded for loss of society and companionship. The issue was whether or not loss of society and companionship was a "pecuniary injury” within the meaning of the former statute which permitted the recovery of " * * * damages * * * with reference to pecuniary injury * * * ”.

The argument that Breckon misread Wycko because Wycko overruled Courtney does not follow, unless it be presumed that there is no middle ground between loss of earnings and loss of companionship.

*653 By the way, whatever happened to Rohm v Stroud; 386 Mich 693 (1972)?

Black and T. G. Kavanagh, JJ., concurred with T. E. Brennan, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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