Douglass v. Delta Air Lines, Inc.

897 F.2d 1336, 1990 U.S. App. LEXIS 5224, 1990 WL 31606
CourtCourt of Appeals for the Fifth Circuit
DecidedApril 9, 1990
DocketNo. 89-5545
StatusPublished
Cited by29 cases

This text of 897 F.2d 1336 (Douglass v. Delta Air Lines, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Douglass v. Delta Air Lines, Inc., 897 F.2d 1336, 1990 U.S. App. LEXIS 5224, 1990 WL 31606 (5th Cir. 1990).

Opinion

JERRY E. SMITH, Circuit Judge:

This dispute arose as a consequence of a fatal commercial airline crash. We are asked to decide whether the measure of wrongful-death damages awarded to a decedent’s immediate family comports with Texas law; with two notable exceptions, we conclude that it is. We depart with the district court, first, in its assessment of lost inheritance, which, we conclude, erroneously incorporates a measure of double recovery. Second, we find the recovery for lost society and companionship secured by the minor children to be far in excess of what state law tolerates, and such a departure is not explained by any unique facts presented. Accordingly, we affirm in part, reverse in part, and remand.

I.

Michael Douglass was killed in a tragic airplane crash in 1985 at the Dallas/Fort Worth International Airport. His wife sued Delta Air Lines, Inc. (Delta), for wrongful-death damages on behalf of herself and three minor children. Delta agreed not to contest its liability in the disaster as long as the plaintiffs agreed to limit their claims to compensatory damages.

The issue of damages was tried to the court, which awarded the wife and three children (ages 11, 9, and 5 at the time of the accident) $6,901,822, plus $481,759 in prejudgment interest.1 There is little dispute concerning the strong family ties, the anguish that the survivors have suffered, [1338]*1338or the types of damages recoverable in this case: loss of future earnings, mental anguish on the part of the plaintiffs, loss of society and companionship, and loss of inheritance. There is considerable dispute, however, concerning the proper measure of these recoverable damages.

Delta believes that the trial judge erroneously framed the measure of recovery around certain “speculative” estimates offered by the plaintiffs' experts. Their expert on the subject of loss of future inheritance, for example, offered the court three separate growth strategies for the decedent’s then-current net worth, estimated at the time of his death in 1985 to be over $400,000. The various growth models offered at trial were derived from a 1983 Federal Reserve study of consumer finances in the United States that contained demographic data concerning the value of estates based upon age, wealth, and other factors. Further testimony sought to demonstrate that the decedent was an adept and aggressive investor who would have left his family, at his natural death, with a considerable estate.

The statistical average of the estimates for lost inheritance offered by the plaintiffs’ expert, in present value terms, was over $2,900,000. The court found this expert to be much more credible than Delta’s, who discredited himself by proffering testimony to the effect that the decedent would have accomplished nothing to increase his estate during the remainder of his natural life.

The court found the decedent to have been, in fact, a sophisticated saver and investor. However, without explaining its mathematical reasoning the court concluded that the evidence demonstrated that the decedent would have left, in present value terms, at least $1,130,207 to his wife and children. That figure reflects the least ambitious growth prediction of the decedent’s future estate offered by the plaintiffs’ expert.

By so finding, the court valued the plaintiffs’ lost inheritance in accordance with the most conservative growth scenario presented and rejected all objections raised by Delta to minimize the value of the estate. The court stated that there was no suggestion that the decedent would have squandered his estate or disinherited his family. Moreover, at age forty the decedent already had amassed a net worth of over $400,000 and owned several rental properties. Further, at the time of his death he was building a new family home in Florida.

Delta also contests the generous recovery for lost earnings arising from the decedent’s premature death ($3,531,615 in total, excluding prejudgment interest). Experts for the plaintiffs testified as to the decedent’s work history, the prospects for growth in the telecommunications industry in which he worked, likely advancements in employment based upon his reputation, and the documented advancement of his peers.

The experts offered the court three separate “future earnings” scenarios, complete with projected job promotions, dates for such promotions, and expected salaries.2 The three “career paths” offered a full range of possibilities: a conservative scenario of no job advancement for the dece[1339]*1339dent in career path I, as well as an ambitious career projection in path III, in which it was envisioned that the decedent eventually would have attained the management position of chief operating officer in a major telecommunications firm.

There is little dispute that the decedent was well educated, a former military officer and FBI special agent, and a gifted regional vice president for a telecommunications firm. Based upon the evidence presented, the court awarded a total of $3.5 million for pecuniary losses, or the average of the pecuniary losses estimated for career paths II and III. Declaring itself sensitive to speculative career and salary projections, the court nonetheless concluded that the evidence demonstrated rapid future advancement for the decedent and awarded lost earnings to the plaintiffs accordingly.

Lastly, Delta challenges the award of $725,000, in total, for “mental anguish” and $1,515,000 for “loss of society and companionship.” Delta argues that these intangible damages are far in excess of any that this circuit has been willing to tolerate under similar factual situations governed by Texas law. Accordingly, Delta seeks to have the district court’s substantial award reduced under this circuit’s “maximum recovery rule” to the more conservative level reflected in the caselaw authority that it cites for purposes of comparison.

II.

A.

Federal jurisdiction is premised herein upon diversity of citizenship. Sitting as an Erie court, we are bound to apply the substantive law of the forum state in this wrongful-death action. See Smith v. Industrial Constructors, Inc., 783 F.2d 1249, 1250 (5th Cir.1986); Budge v. Post, 643 F.2d 372, 375 (5th Cir. Unit A Apr. 1981). Neither party disputes that Texas law controls the measure of wrongful-death damages in this case.

District courts enjoy “wide discretion” in awarding damages. Wheat v. United States, 860 F.2d 1256, 1259 (5th Cir.1988); accord Wakefield v. United States, 765 F.2d 55, 59 (5th Cir.1985) (citing Hyde v. Chevron U.S.A., Inc., 697 F.2d 614, 632 (5th Cir.1983)). A trial court’s assessment of damages is a finding of fact, which we scrutinize for excessiveness under the clearly-erroneous standard. Wheat, 860 F.2d at 1259; Johnson v. Offshore Express, Inc., 845 F.2d 1347, 1356 (5th Cir.), cert. denied, - U.S. -, 109 S.Ct. 497, 102 L.Ed.2d 533 (1988).

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Bluebook (online)
897 F.2d 1336, 1990 U.S. App. LEXIS 5224, 1990 WL 31606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douglass-v-delta-air-lines-inc-ca5-1990.