Inouye

Robert Oshiro was killed when a Pacific Southwest Airlines (PSA) jet crashed in San Diego. Ruby Inouye, the administratrix of Oshiro’s estate sued PSA for wrongful death on behalf of his heirs. The case was tried before a jury on the issue of damages only.

Inouye Contends the court erred in excluding evidence of Oshiro’s earning capacity. However, the court did not exclude this evidence. When PSA objected to its introduction, Inouye withdrew it. The court committed no error.

Inouye contends the court prejudicially erred in giving the following instruction when the jury was unable to reach a verdict: “It is eminently desirable that if you reasonably can, you agree upon a verdict. For the parties involved, the case is an important one, and its presentation to you has involved expense to both sides. If you fail to agree upon a verdict, the case will have to be tried before another jury selected in the same manner and from the same source as you were chosen. There is no reason to believe that the case will ever be submitted to a jury more competent to decide it. Of course, by pointing out to you the desirability of your reaching a verdict, the Court is not suggesting to any…