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Krivanek v. Fibreboard Corp.12/13/1993
ations, the evidence of the lost pensions and wages. We find that the trial court abused its
discretion in unreasonably finding the damage award to be within the range of the evidence.
The uncontroverted evidence was that Ben Krivanek would have received $133,039 from the civil service pension (after subtracting 65 percent that Mrs. Krivanek continues to receive), and $82,130 from the military pension (after subtracting 40 percent that Mrs. Krivanek continues to receive). These pension losses alone amount to $215,169. If this figure were reduced by a 25 percent personal consumption factor, to $161,376, it would still be five times more than the jury award to Mrs. Krivanek.
As for Ben Krivanek's wages, Ben was employed when he became ill. Up to the time of trial alone, his lost wages totaled $90,563. Even completely eliminating any future wages ($125,778, from trial to his work life expectancy), the value of Ben's home services ($41,665, from his death to his life expectancy), and Ben's personal consumption ($71,256 from his death to his life expectancy, at a rate of $287 per month), the jury's award nowhere nearly approximates these uncontroverted pension and wage losses of approximately $251,939 to $305,732. Thus, the jury's $30,000 verdict was not within the range of the evidence.
We affirm the finding of liability under the product liability act, and the determination of damages on Mr. Krivanek and his children's claims. We remand for a retrial on Mrs. Krivanek's damages only.
Disposition
Holding that the jury was properly instructed on product liability law, but that a portion of the verdict was outside the range of the evidence, and that a new trial as to the widow's damages was required, the court affirms that portion of the verdict finding liability and awarding damages to the worker's children, reverses the damage award for the widow, and remands for further proceedings.
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