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Hales v. Thompson8/3/1993
e the issue may be pertinent at the new trial, we address only the issue of whether the evidence of Donald's illness was relevant.
Evidence is relevant, and therefore admissible, pursuant to Rule 401 of the North Carolina Rules of Evidence, "if it has any logical tendency to prove any fact that is of consequence" in the action. State v. Wallace, 104 N.C. App. 498, 502, 410 S.E.2d 226, 228 (1991), disc. rev. denied, 331 N.C. 290, 416 S.E.2d 398, and cert. denied, U.S. , 121 L. Ed. 2d 241 (1992). A ruling on whether proffered evidence is relevant is not discretionary on the part of the trial Judge, but will nevertheless be given great deference on appeal. Id.
Our State's wrongful death statute, N.C.G.S. § 28A-18-2, provides in pertinent part
ll evidence which reasonably tends to establish any of the elements of damages . . . or otherwise reasonably tends to establish the present monetary value of the decedent to the persons entitled to receive the damages recovered, is admissible in an action for damages for death by wrongful act.
N.C.G.S. § 28A-18-2(c) (Supp. 1992). The statute further provides that damages for wrongful death include the value of the " ociety,
companionship, comfort, guidance, kindly offices and advice of the decedent to the persons entitled to the damages recovered." N.C.G.S. § 28A-18-2(b)(4)(c) (Supp. 1992).
Any recovery in a wrongful death action is distributed to the same persons as it would be had the decedent died intestate. Williford v. Williford, 288 N.C. 506, 510, 219 S.E.2d 220, 223 (1975). The record reveals that at the time of his death, Donald was unmarried and had no children. Under the intestate laws of this state, those entitled to any damages recovered in this action would be Donald's parents. N.C.G.S. § 29-15(3) (1984). The testimony of Donald's mother during plaintiff's offer of proof as to the evidence concerning Donald's leukemia tends to establish that Donald's battle with leukemia drew Donald and his parents closer together, caused them to spend more time together, and increased their emotional ties beyond those of the average family. Such closeness has a direct bearing on the value to his parents of Donald's " ociety, companionship, comfort." Accordingly, the evidence pertaining to Donald's disease and the effect it had on his relationship with his parents had a tendency to prove the extent of damages, which are in controversy in this case. The evidence was therefore relevant and should not have been excluded on that ground.
Whether the evidence should be excluded on retrial pursuant to Rule 403 of the North Carolina Rules of Evidence because "its probative value is substantially outweighed by the danger of unfair prejudice" is a question addressed to the sound discretion of the trial Judge at the retrial. N.C.G.S. § 8C-1, Rule 403 (1992); State v. Mason, 315 N.C. 724, 731, 340 S.E.2d 430, 435 (1986).
New trial.
Disposition
New trial.
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