PLAINTIFFS' TRIAL BRIEF/JURY INSTRUCTIONS

filed with the SUPERIOR COURT, FRANKLIN COUNTY, WASHINGTON
Jan. 22nd 2003
HIGH, Plaintiffs, vs.
PASCO SCHOOL DISTRICT, Defendants.

TRIAL ISSUES - # 9

What damages are legally recoverable by Mr. and Mrs. High and Jared’s estate as a result of his death?

Plaintiffs are entitled to recover economic losses and general damages resulting from the death of Jared High, including the destruction of the parents’ loss of their relationship with their son and their grief and mental anguish.

Mr. and Mrs. High bring this action under RCW  4.24.010,  Action for injury or death of child.  That statute provides, in pertinent part:

A mother or father, or both, who has regularly contributed to the support of his or her minor child . . .may maintain . . .as a party an action as plaintiff for the injury or death of the child.. . . .

In such an action, in addition to damages for medical, hospital, medication expenses, and loss of services and support, damages may be recovered for the loss of love and companionship of the child and for injury to or destruction of the parent-child relationship in such amount as, under all the circumstances of the case, may be just.

The legislature added the language related to “loss of love and companionship” and “injury to or destruction of the parent-child relationship” in 1967.  The effect of that amendment was decided by the Supreme Court in Wilson v. Lund, 80 Wn.2d 91, 491 P.2d 1287 (1971), where the issue was whether the deceased child’s mother could recover for her grief and mental anguish.  After considerable discussion, the court held:

In short, unless we were to conclude that the additional language of the 1967 amendment to RCW 4.24.010-i.e., "loss of love . . . and . . . injury to or destruction of the parent-child relationship"-is mere surplusage and is to be afforded no meaning and effect, we must interpret that language to allow recovery for parental grief and mental anguish.

Plaintiffs will not offer evidence of loss of net earnings or earning capacity suffered by Jared High’s estate, nor any loss by them of the economic value of his services.

RESPECTFULLY SUBMITTED this 22nd day of January, 2003.

RICHTER-WIMBERLEY, P.S.
By: Jay E. Leipham, WSBA # 4961
(Attorney for Brenda High)
 

HEAR JARED'S VOICE - PLAY - From an interview with Pasco School District investagators concerning the assault.  This is a recording of a recording and it isn't real clear, but worth the download effort.  Jared had a real mellow voice.   Note: If you have a slow load wav, wait for it to load entirely and then play again from the start.   5 minutes long

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