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Ditto v. Stoneberger8/28/2002
the comments of Roberta R. Roper, Chairman of the Committee, and Russell P. Butler, Esq., the Committee's lawyer. The section of the letter concerning secondary beneficiaries states:
Under Courts Article, Section 3-904 (b), if there is no spouse, child, or parent of the decedent, a person related to the decedent by blood or marriage may claim economic damages if the beneficiary was wholly dependent upon the deceased. [In regard to the term] holly dependent [, the Court of Appeals has said:]
We hold the rule to be applied to test whether proof of other property and/or income of various kinds prevents a person from being `wholly dependent' on another is as follows: Total dependency exists where the dependent subsists entirely on the income of the deceased; but, in applying this rule courts will not deprive claimants of the rights of total dependents. when otherwise entitled thereto, on account of temporary gratuitous services rendered them by others, or on account of other minor considerations or benefits which do not substantially modify or change the general rule as above stated. In other words the individual has no consequential source or means of maintenance other than the income of the deceased. McKeon v. State for Use of Conrad, 211 Md. 437, , 127 A.2d 635 (1956).
The Task Force recommends amending the statute to allow a claim for economic damages if the family member is substantially dependent. Assume a person raising a grandchild is killed and the decedent has no spouse, child, or parent. If the grandchild received Social Security or Criminal Injuries Compensation benefits, the grandchild would be unable to claim the loss of economic benefits from the loss of the grandparent as the child would not have been wholly dependent on the grandparent. In this instance, as there would otherwise be no economic or non-economic damages, the Task Force believes it is appropriate to compensate the grandchild victim for any economic loss proven as a result of the wrongful death. Testimony on House Bill 770, Stephanie Roper Committee, Inc. (Feb. 27, 1997) (emphasis added).
Black's Law Dictionary defines "substantial" as: "Of real worth and importance; of considerable value; valuable. . . . Something worthwhile as distinguished from something without value or merely nominal." Black's Law Dictionary 1428 (6th ed. 1990). The American Heritage College Dictionary defines "substantial" as: "Considerable in importance, value, degree, amount, or extent." American Heritage College Dictionary 1354 (3d ed. 1997).
Edward Stoneberger, Mary Stoneberger, and Candi Blessing were living together as a family unit prior to the subject accident. Mr. Stoneberger's disability benefits constituted 36% of the total "family" earnings, and were used to pay a portion of the family's fixed costs. Mary Stoneberger's benefits constituted 39% of the total income, and Candi Blessing's benefits constituted 24% of the income. Total fixed monthly costs for the family came to $964. Without Mr. Stoneberger's contribution of $527, Mary Stoneberger and her daughter, Candi, had a combined monthly income of only $934.
The Stoneberger household illustrates the fact that three people united under one roof can live, proportionally, more cheaply than two. If one person moved out, the only fixed cost that would decrease is the grocery bill. While the monthly grocery bill would presumably decrease by $200 (1/3 of $600) the contributions to the family unit by any one of the three exceeded that amount. In Edward's case, his contribution was more than two and one-half times more than his pro-rata share of the cost of groceries. In a practical sense, each of the individuals were dependent on each o
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