Defense Verdict Obtained in Wrongful Death Action

July 1, 2002

Guy R. Gruppie, Joshua M. Rosen and Tina D. Varjian recently obtained a defense verdict in a wrongful death action where the father of a 19-year-old disabled youth sought damages resulting from the drowning death of his son that occurred during a school-sponsored field trip.

Prior to trial, defendant settled the separate lawsuit of the mother of decedent, who was estranged from the husband. Defendant had moved unsuccessfully for summary judgment, contending that the boy died as the result of a seizure when he was swimming, thus activating the defenses contained in a release signed by the mother.

At trial, where only damages were contested, the father alleged that his late son was the focal point of his life that he could barely live without him and that every day he thought about him. However, he was forced to admit on cross-examination that several years prior the death of his son, he took up with another woman, lived much of the time with the other family, and devoted the bulk of his earnings to the other family.

Decedent's mother and sister were called as witnesses by the plaintiff, but offered testimony helpful to the defense. They stated that the father played no role in his late son's school or social life, and that on days he did stay at the family house, he sometimes was under the influence of alcohol.

In closing argument, counsel for plaintiff asked the jury to award his client $1.5 million. The defense argued that there was no showing that plaintiff suffered a loss of companionship or society and was entitled to no recovery. After about a half hour of deliberation, the jury returned a defense verdict. Plaintiff's motion for new trial was denied.