Opinion
42684 Record No. 7809.
April 24, 1972
Present, All the Justices.
Death by Wrongful Act — Pecuniary Loss — Not Supported by Record.
Judgment reversed insofar as it provides damages for pecuniary loss, since record does not show basis for such award.
Error to a judgment of the Corporation Court of the City of Newport News. Hon. Douglas M. Smith, judge presiding.
Reversed and final judgment.
Daniel W. Wilkinson, Jr. (West Wilkinson, on brief), for plaintiff in error.
William T. Prince (Williams, Worrell, Kelly Worthington, on brief), for defendants in error.
In this action for wrongful death, the jury returned a verdict for the plaintiffs and awarded damages to the decedent's son for pecuniary loss, as well as damages to the decedent's husband and son for solace. Code Sec. 8-636. The trial court entered judgment on the verdict, and this appeal ensued.
The decedent had no earnings and made no monetary contribution to her family at the time of her death. Counsel therefore seeks to support the award for pecuniary loss on the services rendered by the decedent to her son. See Pugh v. Yearout, Adm'r, 212 Va. 591, 186 S.E.2d 58 (1972).
The record does not show, however, the nature of the services rendered by the decedent. So the jury had no basis for awarding damages for loss of services. We must therefore reverse the judgment insofar as it provides damages for pecuniary loss.
Reversed and final judgment.