Griott

Griott v. Gamblin

Good Law
15 Cal. Rptr. 228·194 Cal. App. 2d 577·1961 Cal. App. LEXIS 1852
Court of Appeal of CaliforniaAugust 8, 1961Civ. 24995California938 words

Opinion

Opinion

McMURRAY, J.

This is an appeal from a judgment in favor of plaintiffs in a wrongful death action. The only issue raised on appeal is the contention that the trial court, sitting without a jury, erred in awarding the plaintiffs damages in the amount of ÍS^SSYO. The appellants argue that such an amount was excessive, “not justified or supported by the evidence and not warranted under the statutes relating to wrongful death.”

This wrongful death action was brought by seven adult children, the heirs of Henry J. Griott, to recover damages based upon their having “been deprived of the care, comfort and society of the Decedent, their father ...” and for funeral and burial expenses incurred by reason of decedent’s death. The evidence disclosed that the decedent was a widower, 78 years old and in apparent good health for a man of his age at the time of his negligently caused death. His normal life expectancy was about seven years. There was no contention that any of the plaintiffs received monetary contributions from the decedent during the five years immediately preceding his death. On the contrary, the evidence indicated that the majority of the plaintiffs contributed small sums of from 5 to 10…

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