Juan Medina v. Pile Trucking, Inc.

MEMORANDUM

Alvin Flynn, Pile Trucking, Inc., and Earl Pile Trucking (collectively, “Pile Trucking”) appeal a $2,625,000 judgment and a $238,047.95 award of interest entered against them and in favor of Juan and Ramona Medina following a jury trial in a wrongful-death suit. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the judgment but vacate the award of interest.

1. The district court erred in providing the jury with a verdict form that included separate blank lines for the awards of damages to Juan and Ramona, allowing a jury verdict with two sums for damages. In a wrongful death action under California law, “ ‘the court or jury must compute the damages, if any, by considering the pecuniary damage suffered by all the heirs and return a verdict for one sum.’ ” Cord-er v. Corder, 41 Cal.4th 644 , 61 Cal.Rptr.3d 660 , 161 P.3d 172, 176 (2007) (quoting Watkins v. Nutting, 17 Cal.2d 490 , 110 P.2d 384, 388 (1941)). Here, the verdict form permitted the jury to return separate awards,, and the jury did so — awarding $1,750,000 to Juan and $1,750,000 to Ramona. After taking into account the jury’s comparative fault finding, the district court aggregated those awards…