Ottley v. Hill

Utah Supreme Court

Ottley v. Hill

446 P.2d 301, 21 Utah 2d 396, 1968 Utah LEXIS 666

CourtUtah Supreme Court

DecidedOctober 24, 1968

Docket11112

StatusPublished

Cited by5 cases

This text of 446 P.2d 301 (Ottley v. Hill) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ottley v. Hill, 446 P.2d 301, 21 Utah 2d 396, 1968 Utah LEXIS 666 (Utah 1968).

Pincite

Opinions

TUCKETT, Justice:

The plaintiff commenced this action in the court below to recover for the wrongful death of his son, Trent Lee Ottley, who was at the time of his death age four. Trent Lee Ottley suffered fatal injuries when he was struck by an automobile operated by the defendant. The case was tried to the court below sitting without a jury, and the court found the issues of liability in favor of the plaintiff.

The court below found that prior to the death of his son, the plaintiff incurred the costs of medical care and treatment in the sum of $1180.80, and that said expenses were reasonably incurred and arose directly from the accident in which the defendant was involved. Following the death of the child the plaintiff incurred the costs of funeral and burial expenses in the reasonable sum of $525.76.

At the time of the injuries to his son a policy of automobile insurance was in full force and effect in which policy the plaintiff was the named insured. Under the terms of the medical provisions of that policy the insurance carrier paid to the plaintiff the sum of $500. In addition thereto the plaintiff also had policies of insurance with Blue Cross and Blue Shield in which the plaintiff was named as the subscriber and which provided coverage for medical care and treatment to the subscriber and to his dependents. Under the latter policy Blue Cross and Blue Shield paid to the plaintiff the sum of $1009.30. to apply toward payment of medical and hospital expenses. Premiums on the above [398]*398mentioned policies of insurance were paid by the plaintiff.

The trial court was of the opinion that the plaintiffs deceased son was, under the terms of the policy, a beneficiary and that the benefits payable thereunder became a part of the decedent’s estate. The decedent left no other estate. The trial court found that the plaintiff had incurred expenses for medical care and treatment and for burial expenses for his son in the sum of $1706.56. The court deducted the proceeds from the insurance policies and awarded plaintiff’s special damages in the sum of $197.26. In addition thereto the court awarded general damages in the sum of $6500 and costs.

The plaintiff appealed to this court claiming that the court below erred in deducting from the amount of the special damages to which he would otherwise have been entitled the proceeds from the insurance policies. With this we agree. It was the duty of the plaintiff to support his son,¹ if he is able to do so, and that duty is imposed by statute in this State.² The duty of support includes the duty of furnishing medical care and treatment. The plaintiff being under a legal duty to pay and discharge the costs of medical care and treatment and for the burial of his son, he is entitled to recover from the defendant those amounts reasonably expended for that purpose. Had there been no insurance the plaintiff would have been entitled to recover his out-of-pocket expenditures for medical care and for burial of his child without question. The fact that the plaintiff at his own expense carried insurance to protect against such contingencies should not inure to the benefit of the wrongdoer.³

We are of the opinion that the court below erred in deducting from the amount of special damages to which the plaintiff would otherwise have been entitled the amounts paid by the insurance carriers. The matter is returned to the court below for a modification of the judgment in conformity to this opinion. Plaintiff is entitled to costs.

CROCKETT, C. J., and CALLISTER and ELLETT, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

TUCKETT, Justice:

The plaintiff commenced this action in the court below to recover for the wrongful death of his son, Trent Lee Ottley, who was at the time of his death age four. Trent Lee Ottley suffered fatal injuries when he was struck by an automobile operated by the defendant. The case was tried to the court below sitting without a jury, and the court found the issues of liability in favor of the plaintiff.

The court below found that prior to the death of his son, the plaintiff incurred the costs of medical care and treatment in the sum of $1180.80, and that said expenses were reasonably incurred and arose directly from the accident in which the defendant was involved. Following the death of the child the plaintiff incurred the costs of funeral and burial expenses in the reasonable sum of $525.76.

At the time of the injuries to his son a policy of automobile insurance was in full force and effect in which policy the plaintiff was the named insured. Under the terms of the medical provisions of that policy the insurance carrier paid to the plaintiff the sum of $500. In addition thereto the plaintiff also had policies of insurance with Blue Cross and Blue Shield in which the plaintiff was named as the subscriber and which provided coverage for medical care and treatment to the subscriber and to his dependents. Under the latter policy Blue Cross and Blue Shield paid to the plaintiff the sum of $1009.30. to apply toward payment of medical and hospital expenses. Premiums on the above [398]*398mentioned policies of insurance were paid by the plaintiff.

The trial court was of the opinion that the plaintiffs deceased son was, under the terms of the policy, a beneficiary and that the benefits payable thereunder became a part of the decedent’s estate. The decedent left no other estate. The trial court found that the plaintiff had incurred expenses for medical care and treatment and for burial expenses for his son in the sum of $1706.56. The court deducted the proceeds from the insurance policies and awarded plaintiff’s special damages in the sum of $197.26. In addition thereto the court awarded general damages in the sum of $6500 and costs.

The plaintiff appealed to this court claiming that the court below erred in deducting from the amount of the special damages to which he would otherwise have been entitled the proceeds from the insurance policies. With this we agree. It was the duty of the plaintiff to support his son,¹ if he is able to do so, and that duty is imposed by statute in this State.² The duty of support includes the duty of furnishing medical care and treatment. The plaintiff being under a legal duty to pay and discharge the costs of medical care and treatment and for the burial of his son, he is entitled to recover from the defendant those amounts reasonably expended for that purpose. Had there been no insurance the plaintiff would have been entitled to recover his out-of-pocket expenditures for medical care and for burial of his child without question. The fact that the plaintiff at his own expense carried insurance to protect against such contingencies should not inure to the benefit of the wrongdoer.³

We are of the opinion that the court below erred in deducting from the amount of special damages to which the plaintiff would otherwise have been entitled the amounts paid by the insurance carriers. The matter is returned to the court below for a modification of the judgment in conformity to this opinion. Plaintiff is entitled to costs.

CROCKETT, C. J., and CALLISTER and ELLETT, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

446 P.2d 301, 21 Utah 2d 396, 1968 Utah LEXIS 666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ottley-v-hill-utah-1968.

Opinions

Related

Cite This Page — Counsel Stack