Rimel v. L. R. B. Corp.

62 Pa. D. & C.2d 751, 1973 Pa. Dist. & Cnty. Dec. LEXIS 177
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedDecember 1, 1973
Docketno. 73-4617-05-2
StatusPublished

This text of 62 Pa. D. & C.2d 751 (Rimel v. L. R. B. Corp.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rimel v. L. R. B. Corp., 62 Pa. D. & C.2d 751, 1973 Pa. Dist. & Cnty. Dec. LEXIS 177 (Pa. Super. Ct. 1973).

Opinion

GARB, J.,

We have before us for disposition defendant’s preliminary objection in the nature of a motion to strike a pleading in this trespass action in the nature of a survival and wrongful death action: Act of April 15, 1851, P. L. 669, sec. 19, 12 PS §1601. The complaint purports to allege three separate causes of action. The first cause of action is in the nature of a wrongful death action brought on behalf of decedent’s widow and three children, the second cause of action being the survival action brought on behalf of the estate of the deceased and the third cause of action contains one paragraph only demanding relief for plaintiff, as the wife of the decedent, for her permanent loss of consortium with her deceased husband. The preliminary objection is [752]*752directed to the third cause of action only, and raised the question of whether a claim for loss of consortium is one properly adjudicable in a death action.

We have serious doubts that the question now before us has ever been definitively and conclusively decided in Pennsylvania. Gaydos v. Domabyl, 301 Pa. 523 (1930), is clearly the landmark decision on the question of measure of damages in a death action. It is true that at page 531 of that opinion the court states that damages in death cases do not include a claim for mental suffering, grief or distress of mind, nor for the loss of the society or companionship, as such, of children or parents. If this constitutes a part of the holding of this case, then it can only have meaning within the factual context in which the suit was brought; by seven children for the alleged wrongful death of their widowed mother. Therefore, the reference to the loss of the society or companionship, as such, of children or parents may very well relate to the question of recovery for loss of consortium as between children and parents, but not necessarily as between parents, inter se. Furthermore, at page 533, in what is obviously dictum, it is stated that in an action by a husband for the loss of his wife, his pecuniary compensation for the loss is the present value of her services as a wife.

Although Ferne v. Chadderton, 363 Pa. 191 (1949), may seem to be a definitive explication of the law on this question in favor of defendant’s position, we are not satisfied that it is such. The language to which defendant alludes is to be found at page 197 as follows:

“Under the Death Statutes the administratrix was entitled to recover for the benefit of the daughter and herself as widow the amount of the pecuniary loss they suffered by reason of decedent’s death, that is [753]*753to say, the present worth of the amount they probably would have received from his earnings for their support during the period of his life expectancy and while the family relationship continued between them, but without any allowance for mental suffering, grief, or loss of companionship; in other words, the measure of damages is the value of the decedent’s life to the parties specified in the statute:” (Citations omitted.)

This case was a death action brought by the widow of the deceased and obviously prior to Hopkins v. Blanco, 224 Pa. Superior Ct. 116 (1973), in which it was held that the right to recover for loss of consortium under the equal rights amendment to the Constitution must be reciprocal between husband and wife. Therefore, Ferne v. Chadderton, supra, may be construed as a holding only that a wife may not recover for loss of consortium for loss of her husband in a death action but that the corollary may not necessarily be true. Additionally, Ferne v. Chadderton, supra, reversed the lower court on other grounds.

The exact language of the wrongful death action with regard to damages recoverable is of little help in deciding this case. In the Act of May 13, 1927, P. L. 992 (no. 480), sec. 1, 12 PS §1604, it is provided as follows:

“Whenever any person or persons, who are authorized by law so to do, shall bring an action to recover damages for a death caused by unlawful violence or negligence of the defendant, the plaintiff may recover, in addition to the damages now recoverable in such actions, the expenses incurred for medical and surgical care and for nursing of the deceased, and such other expenses caused by the injury which resulted in death as could have been recovered in an action begun by the injured person in his lifetime; and plaintiff may also recover the reasonable funeral expenses of the [754]*754deceased, if plaintiff has paid or incurred such expenses.” (Italics supplied.)

It is clear from such language that we must look to the case law in order to determine what damages are properly recoverable under a wrongful death action and that this amendment to the act merely afforded to plaintiff a right to recover for reasonable funeral expenses.

It has long been the law in Pennsylvania that in a death action a plaintiff husband may recover for the loss of services of his wife: Delaware etc. R.R. Co. v. Edward Jones, 128 Pa. 308 (1889). As heretofore indicated, the landmark case of Gaydos v. Domabyl, supra, recognized, albeit by dictum, that such is the case. In Siidekum v. Animal Rescue League of Pittsburgh, 353 Pa. 408 (1946), the doctrine is somewhat expanded wherein it was held that a husband may recover for the loss of his wife’s services and society in a death action, again citing Gaydos v. Domabyl, supra. This ancient doctrine was further and most recently expanded in Spangler v. Helm’s New York-Pittsburgh Motor Express, 396 Pa. 482 (1959), wherein it was held that in a death action brought by a husband for the death of his wife, among other elements of damages, plaintiff may recover for her loss considering in the amount to be awarded all things such as companionship, comfort, society, guidance, solace and protection which “go into the vase of family happiness.” In reciting the foregoing, the late Justice Musmanno in Spangler v. Helm’s New York-Pittsburgh Motor Express, supra, cited Pennsylvania Railroad Company v. Goodman, 62 Pa. 329 (1869). In that case, the court held merely that it is appropriate for the jury in a death case brought by a husband for the death of his wife to consider the value of his wife’s services to him and that in con[755]*755sidering the value of services they also consider companionship, because her services axe rendered as a result of her relationship as his wife and companion.

The doctrine that the value of a wife’s services are appropriately considered by a jury in a death action as among the damages recoverable by the husband has been recognized by the Federal courts in construing Pennsylvania law. In Fabrizi v. Griffin, 162 F. Supp. 276 (D.C.W.D. Pa., 1958), affirmed per curiam in 261 F. 2d 594 (3rd Cir., 1958), the court held that it is appropriate to include within the award to plaintiff damages for the loss of services of his wife. In defining the services which are compensable, the court cites the numerous intangible indicia of the connubial relationship which comprise the general category of services. Although the term “companionship” is used, it is clear that that is just one of the elements to be considered by the jury in determining the economic value of the intangible services which one spouse renders to the other. In language beyond our poetic ken, the court describes this “companionship” as follows:

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Related

Fabrizi v. Griffin
162 F. Supp. 276 (W.D. Pennsylvania, 1958)
Bedillion v. Frazee
183 A.2d 341 (Supreme Court of Pennsylvania, 1962)
Neuberg v. Bobowicz
162 A.2d 662 (Supreme Court of Pennsylvania, 1960)
Ferne, Admrx. v. Chadderton
69 A.2d 104 (Supreme Court of Pennsylvania, 1949)
Gaydos v. Domabyl
152 A. 545 (Supreme Court of Pennsylvania, 1930)
Siidekum v. Animal Rescue League of Pittsburgh
45 A.2d 59 (Supreme Court of Pennsylvania, 1945)
Pennsylvania Railroad v. Goodman
62 Pa. 329 (Supreme Court of Pennsylvania, 1869)
Spangler v. Helm's New York-Pittsburgh Motor Express
153 A.2d 490 (Supreme Court of Pennsylvania, 1959)
Hopkins v. Blanco
302 A.2d 855 (Superior Court of Pennsylvania, 1973)
Delaware R. v. Jones
18 A. 330 (Luzerne County Court of Common Pleas, 1889)
Byrne v. Matczak
254 F.2d 525 (Third Circuit, 1958)

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Bluebook (online)
62 Pa. D. & C.2d 751, 1973 Pa. Dist. & Cnty. Dec. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rimel-v-l-r-b-corp-pactcomplbucks-1973.