Opinion overrules Denney and holds that the Wrongful Death Act does not allow for recovery of lost future earnings.
The Michigan Supreme Court has issued a pivotal decision in Daher v. Prime Healthcare Services-Garden City, LLC. This ruling overturns the precedent set by Denney v. Kent County Road Commission and confirms that the Wrongful Death Act (WDA) does not permit recovery of lost future earnings.
July 30, 2024 the Supreme Court reversed this holding, dispelling the notion that Baker had been overruled and confirmed that the current WDA does not allow for recovery of lost future earnings.
The case’s key issue was whether the estate of a child could recover damages for the child’s lost future earnings. The court unanimously answered “no,” negating the need to address the specificity of future earnings.
The ruling emphasized that, historically, the WDA’s predecessors— the death act and the survival act—only allowed for specific types of damages, excluding lost future earnings unless there was a pecuniary loss shown by a survivor’s claim to support from the deceased.
This decision also overrules Palomo v. Dean Transport, Inc. to the extent it is inconsistent with this opinion. The case Zehel v. Nugent remains pending, and further developments are expected.
About the Author
DREW BROADDUS
Drew specializes in defending complex civil litigation cases, including those involving general negligence, premises liability, motor vehicle accidents, and insurance coverage disputes.
Read more >>
If you have questions about how this decision could affect your medical malpractice defense case, Smith Haughey’s attorneys are a great resource for you.