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Zittrain Torts Playlist Spring 2013

Greyhound Lines, Inc. v. Gerald Sutton, Administrator of the Estate of Nicholas May, Deceased; Gerald Sutton, Administrator of the Estate of Sumone May, Deceased; Donnie Caughman, Administrator of the Estate of Marcus May, Deceased; Estate of Cheryl May; Nancy Bonanno; Paul Cotter; and Robert Riley.

Headnote

How should courts calculate the pecuniary "loss" of children who are wrongfully killed? The plaintiff's three children were killed in an automobile collision with a bus operated by the defendant bus company. At trial, the plaintiff recovered $1.1 million dollars for the wrongful death of each child. The damage awards included the projected lost future income of each child, and a discount based on the projected personal consumption rate of each child. On appeal, there were disputes over how to calculate lost future income and whether the decedents' personal consumption rate should be factored into the award.