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Torts Keyed to Miller
Selders v. Armentrout
Citation:
190 Neb. 275, 207 N.W.2d 686 (1973)Facts
Earl and Ila Selders (Plaintiffs) brought a wrongful death lawsuit against Charles and William Armentrout (Defendants) for causing an automobile accident that killed their three children. At trial, the court instructed the jury to award medical and funeral expenses, as well as the value of the contributions and services the parents would have received from the children minus the cost they would have incurred to raise the children. The jury found the defendants liable and awarded damages for the plaintiffs in the exact amount of medical and funeral expenses. The plaintiffs appealed, arguing that the jury should have considered loss of the society, comfort, and companionship of the children, and been presented with evidence of amounts invested or expended for the nurture, education, and maintenance of the children prior to death. The defendants contend that the consideration of damages should be limited to pecuniary loss.
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