Fagerquist

Western Sun Aviation, Inc. (Western Sun) appeals from the $1.5 million 1 judgment entered against it in the wrongful death action brought by Kristina Fagerquist (Kristina). Western Sun contends the damage award is excessive as a matter of law, and the special verdict finding it negligent must be set aside because of evidentiary and instructional error. The finding as to negligence is vacated; the remainder of the judgment is affirmed.

*714 Factual Background

In October 1979, Western Sun sold David Prizio and other investors a 42X Piper aircraft. Western Sun both retails and maintains the aircraft it sells. The engines of the plane purchased by Prizio were manufactured by Avco Lycoming, Inc. (Lycoming). Prizio leased the aircraft to Air Bahia which flew commercially between California, Arizona and Mexico. Kristina’s father, Thomas Fagerquist (Fagerquist), was an Air Bahia pilot and killed when the plane crashed due to engine malfunction.

Western Sun performed a scheduled maintenance on the 42X Piper, a 100-hour inspection and a compression check, replacing the No. 6 left cylinder with a new cylinder manufactured by Lycoming. Three days later, Fagerquist, piloting a…

I agree with everything set forth in the majority opinion except that part which states “Western Sun meritlessly claims the award of $1.5 million to Kristina is so excessive as a matter of law it must be deemed the result of passion or prejudice____” (Maj. opn., ante, p. 726, italics added.) I believe the argument has merit. Accordingly, I would modify the judgment.

We are told that before we can reverse the judgment on the ground the verdict is excessive the verdict must be so large that it shocks the conscience and suggests passion, prejudice, or corruption on the part of the jury. (Schroeder v. Auto Driveaway Co. (1974) 11 Cal.3d 908, 919 [ 114 Cal.Rptr. 622 , 523 P.2d 662 ]; Bertero v. National General Corp. (1974) 13 Cal.3d 43, 64 [ 118 Cal.Rptr. 184 , 529 P.2d 608 , 65 A.L.R.3d 878 ].) This general statement, however, with such apparent simplistic clarity hardly serves as an objective basis for appellate action. We know that if we were to conduct a survey on the damage award in this or other cases we would receive varied responses—some judges would be outraged at the size of the verdict; others, such as the majority, would conclude the verdict is within a reasonable range.…

Western Sun Aviation, Inc. (Western Sun) appeals from the $1.5 million [1] judgment entered against it in the wrongful death action brought by Kristina Fagerquist (Kristina). Western Sun contends the damage award is excessive as a matter of law, and the special verdict finding it negligent must be set aside because of evidentiary and instructional error. The finding as to negligence is vacated; the remainder of the judgment is affirmed.

In October 1979, Western Sun sold David Prizio and other investors a 42X Piper aircraft. Western Sun both retails and maintains the aircraft it sells. The engines of the plane purchased by Prizio were manufactured by Avco Lycoming, Inc. (Lycoming). Prizio leased the aircraft to Air Bahia which flew commercially between California, Arizona and Mexico. Kristina's father, Thomas Fagerquist (Fagerquist), was an Air Bahia pilot and killed when the plane crashed due to engine malfunction.

Western Sun performed a scheduled maintenance on the 42X Piper, a 100-hour inspection and a compression check, replacing the No. 6 left cylinder with a new cylinder manufactured by Lycoming. Three days later, Fagerquist, piloting a different…