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Knowles v. Corkill8/9/2002
at trial.
[ ] We are not unmindful of the seeming harshness of this verdict. A zero damages verdict, however, is not without precedence. As an example, this Court upheld a zero damages verdict in Woodbury v. Nichols, 797 P.2d 556 (Wyo. 1990). In Woodbury, a wrongful death case, this Court determined that "appellate courts should interfere with such a verdict only where the evidence of damages is uncontradicted." Id. at 558. During the Woodbury trial, conflicting evidence was presented regarding the personal relationship between the deceased and the individual family members involved in the action. Under the unique facts of that case, it ultimately was determined that "the conscience of this court is not shocked nor can we conclude that the zero damage award was inadequate as a matter of law." Id. at 559.
[ ] It is impossible to generalize the extent to which persons enjoy each other's companionship and society. The value of such highly personal relationships must be decided on a case-by-case basis. In the present case, Lynn's children were required to prove that they suffered a loss of probable future companionship, society and comfort because of the death of their mother. The facts of this case, however, show that the decedent, Lynn Knowles, had already voluntarily walked away from her children before her death. The jury was free to use their own experience and knowledge of human affairs in interpreting the evidence presented. It is not "incomprehensible" for the jury to determine that, under the peculiar facts of this case, Lynn's children did not suffer any compensable loss.
[ ] We find nothing in the arguments presented by Knowles to indicate that the jury's verdict on damages resulted from passion, prejudice, bias or some erroneous basis. Evidence exists supporting an award of zero damages to Knowles and to Lynn's children. No new trial is warranted.
CONCLUSION
[ ] We continue to hold that damages for mental anguish - a person's emotional response to a wrongful death - are not compensable under Wyoming's Wrongful Death statute. It is the province of the legislature, not this Court, to expand the remedies available under the statute. The proffered testimony regarding feelings of abandonment suffered by Lynn's children was properly categorized as mental anguish and was properly excluded. Under the unique facts of this case, we see no reflection of passion, prejudice, bias or any erroneous basis in the zero damages verdict.
[ ] The verdict appealed from in appeal number 00-254 is affirmed in all respects. Because no damages were awarded, appeal number 00-255 is dismissed as moot.
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