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Eagle-Picher Industries Inc. v. Balbos8/29/1990
ety, companionship, comfort, protection, and marital care during the seventeen months that she survived him. Any one of these losses would have entitled her to recover under § 3-904(d). Thus, the estate produced sufficient evidence for the jury to find in the estate's favor.
As to Celotex's argument that "there is no evidence of the value of [Leslie Balbos's] services" to his wife, it is obvious that the Legislature never intended that wrongful death claimants be required to produce evidence of the monetary value of such services. The language of § 3-904(d) clearly distinguishes the sorts of losses suffered by Anne Balbos from "pecuniary losses." Because Ms. Balbos's losses were nonpecuniary, they were, by definition, impossible to prove by pecuniary standards.
We addressed a similar issue, the loss of consortium, in Edmonds v. Murphy, 83 Md. App. 133, 573 A.2d 853(1990). In that case we quoted with approval from Restatement (Second) of Torts § 693 comment f, at 497 (1977), which provides in part:
The major element of damages in an action based on this Section ["Action by One Spouse for Harm Caused by Tort Against Other Spouse"] is any loss or impairment of the other spouse's society, companionship, affection and sexual relations. These are not matters of economic loss susceptible of pecuniary proof . . . .
Edmonds, 83 Md. App. at 167, 573 A.2d 853. We also noted in Edmonds that
he cause of action for loss of consortium has been allowed for "loss of household and other services that are of such a character that they cannot be rendered by hired help and on which, by reason of their character, no market value can be placed" . . . .
Id. at 168, 573 A.2d 853(quoting 41 Am.Jur.2d Husband and Wife § 449, at 378 (1968)).
While damages for consortium-type losses generally pertain to those losses suffered by a spouse while the other, injured spouse is still alive, we believe that the equivalent losses (solatium) suffered by a spouse after the injured spouse dies -- loss of society, companionship, comfort, protection, and marital care -- also are not susceptible of pecuniary proof.
Celotex also appears to argue that Paul Balbos's testimony was insufficient because, for the most part, it dealt only with the period preceding Leslie Balbos's death. While that position would be quite significant to indicate the absence of "mental anguish emotional pain and suffering" on the part of Anne Balbos after her husband's death, it has little effect, if any, on her other losses compensable under § 3-904(d). On the other hand, evidence of the Balboses' close and loving relationship before Leslie's death was obviously essential to prove her great loss. But for the companionship and society during their joint lives, there could have been no loss upon the death of either.
Finally, to the extent Celotex argues that the jury's award for damages to Anne Balbos was excessive, the award of damages in wrongful death cases generally is within the sound discretion of the jury. Ory v. Libersky, 40 Md. App. 151, 166, 389 A.2d 922, cert. denied, 283 Md. 737(1978).
JUDGMENT FOR PUNITIVE DAMAGES IN FAVOR OF THE ESTATE OF SUTTON KNUCKLES REVERSED; ALL OTHER JUDGMENTS AFFIRMED; ONE-FIFTH OF THE COSTS TO BE PAID BY THE ESTATE OF SUTTON KNUCKLES; FOUR-FIFTHS OF THE COSTS TO BE PAID BY THE APPELLANTS.
Disposition
JUDGMENT FOR PUNITIVE DAMAGES IN FAVOR OF THE ESTATE OF SUTTON KNUCKLES REVERSED; ALL OTHER JUDGMENTS AFFIRMED; ONE-FIFTH OF THE COSTS
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