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Pfau v. Comair Holdings12/29/2000
onding legal duty of the decedent to leave the beneficiary an inheritance. Therefore, a Court would not only have to determine the speculative amount of those benefits, but would also have to determine whether the decedent would have accumulated or increased an estate, the nature of the family relationship, and the probability that the decedent would have left some or all of the increased value of the estate to the beneficiary.
D. Idaho Code § 6-1601 does not change the measure of damages.
The heirs rely on I.C. § 6-1601 to assert that "loss of earnings" is a proper measure of damages under Idaho's wrongful death act. Title 6, Chapter 16, of the Idaho Code, entitled "Periodic Payment of Judgments - Limitations on Certain Tort Damages and Liabilities" was enacted in 1987 as part of tort reform legislation. Idaho Code § 6-1601 provides the definitions for that section. Specifically, I.C. § 6-1601(3) defines "economic damages" to include "loss of earnings." We have applied this chapter in only a few cases as a limitation on damages, and a statute governing the pleading of claims. See, e.g., General Auto Parts Co., Inc., v. Genuine Parts Co., 132 Idaho 849, 979 P.2d 1207 (1999). This section broadly defines the damages for a number of tort claims but was written as a part of the tort reform act limiting tort damages and liabilities and does not extend the damages available under the Wrongful Death Act. Furthermore, if these two acts were in conflict, the more specific provisions of I.C. § 5-311 would control. See, K. Hefner, Inc., v. Caremark, Inc., 128 Idaho 726, 918 P.2d 595 (1996).
V. CONCLUSION
Idaho's wrongful death statute does not provide for economic damages for the loss of anticipated inheritance the claimants may have received after the natural death of the decedent, and/or the loss of the net accumulation of the decedent, and/or loss of earnings of the decedent. We award costs to Respondents.
Justices SILAK, SCHROEDER, WALTERS AND KIDWELL, CONCUR.
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