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McQueen v. Jersani8/26/2005
be expected that a child would lose his or her parents due to natural causes during the child's lifetime, a child's pain and suffering damages related to a parent's premature death should be limited by the parent's normal life expectancy. This is, in fact, the measure of damages indicated by the district court below. 863 So. 2d at 292.
The Meeks court additionally noted that its interpretation of subsection (3) as to measure of damages comports with Florida Standard Jury Instruction 6.6g which applies to the damage claim of a surviving minor child:
The loss by (name all minor children) of parental companionship, instruction, and guidance, and [their] mental pain and suffering as a result of the decedent's injury and death. In determining the duration of such losses, you may consider the [joint life expectancy of the decedent and [the surviving child] [each of the surviving children]] [life expectancy of [the surviving child] [each of the surviving children]] together with the other evidence in the case.
In re Standard Jury Instructions Civil Cases, 522 So. 2d 364, 368 (Fla. 1988) (emphasis added).
Observing that the standard jury instructions are presumptively correct, the court explained that the instruction indicates that damages are to be based on the life expectancies of the minor child and deceased parent. 863 So. 2d at 292. After referencing the absence of any case law addressing the appropriate measure of damages under subsection (3), the court explained:
In the absence of a definitive case, instruction 6.6g provides a useful indication of the prevailing judicial understanding regarding a surviving minor child's damages in a wrongful death action. In the present case, we find no persuasive reason to depart from this understanding of the Legislature's intended measure of damages under section 768.21(3).
863 So. 2d at 292.
Accordingly, while subsection (3) itself contains no reference to joint life expectancies and the standard jury instruction provides that the jury "may consider" evidence of joint life expectancy, such evidence relates to the measure of damages in an action brought pursuant to that subsection.
As to the instant case which is brought under subsection (2) the Meeks court referenced the presumptive symmetry intended by the legislature among subsections (2) (surviving spouse's recovery for loss of consortium), (3) (minor child's recovery for lost parental companionship), and (4) (parents' recovery for pain and suffering of deceased minor child). 863 So. 2d at 292. Florida Standard Jury Instruction 6.6f, which deals with the elements of damages available under subsection (2), provides (similar to Jury Instruction 6.6g), that:
[The jury shall consider the following elements of damage:] The wife's loss of the decedent's companionship and protection, and her mental pain and suffering as a result of the decedent's injury and death. In determining the duration of such losses, [the jury] may consider [the joint life expectancy of the decedent and the surviving spouse] [life expectancy of the surviving spouse] together with the other evidence in the case. 552 So. 2d at 367-68 (emphasis in original).
The Committee on Standard Jury Instructions explained that (as with Instruction 6.6g), subsection (2) of the statute and case law do not make joint life expectancy the only measure for the duration of future loss by the surviving spouse and the instruction is intended to allow a jury determination, if warranted by the evidence, that in a particular case, the surviving spouse's loss will continue beyond the joint life expectancy until the survivor's death, or will end befor
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