McMichael v. McMichael. Pet of: P. McMichael, P&J

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

TINA MCMICHAEL, INDIVIDUALLY AND : No. 147 WAL 2019 AS EXECUTRIX OF THE ESTATE OF : SETH W. MCMICHAEL, DECEASED :

: Petition for Allowance of Appeal from : the Order of the Superior Court v. :

: :

PETER MCMICHAEL; JANICE : MCMICHAEL; P&J CONSTRUCTION : AND LANDSCAPE NURSERY LLC; AND : MARKWEST ENERGY PARTNERS, L.P. :

: :

PETITION OF: PETER MCMICHAEL AND : P&J CONSTRUCTION AND LANDSCAPE : NURSERY LLC :

TINA MCMICHAEL, INDIVIDUALLY, AND : No. 148 WAL 2019 AS EXECUTRIX OF THE ESTATE OF : SETH W. MCMICHAEL, DECEASED, :

: Petition for Allowance of Appeal from Respondent : the Order of the Superior Court : :

v. :

: :

PETER MCMICHAEL AND P&J : CONSTRUCTION AND LANDSCAPE : NURSERY LLC, :

:

Petitioners :

ORDER

PER CURIAM

AND NOW, this 22nd day of October, 2019, the Petition for Allowance of Appeal

is GRANTED. The issue, as stated by Petitioners, is:

When there is no evidence of economic losses under the Wrongful Death Act, such as medical or funeral expenses, or estate administration costs; no evidence as to the amounts that the decedent would have provided to his family over his lifetime; and no evidence as to the value of the services that the decedent would have provided to his family; and the jury did not accept as credible evidence of the spouse’s alleged non-economic loss, was the jury within its prerogative to award no damages under the Wrongful Death Act, was the trial court within its discretion in denying a new trial as to damages under that act, and did the Superior Court err in adopting a per se requirement of damages in virtually all wrongful death cases?

Justice Donohue did not participate in the consideration or decision of this matter.

[147 WAL 2019 and 148 WAL 2019] - 2