Opinion
No. 147 WAL 2019 No. 148 WAL 2019
10-22-2019
Tina MCMICHAEL, Individually and as Executrix of the Estate of Seth W. McMichael, Deceased v. Peter MCMICHAEL ; Janice McMichael; P&J Construction and Landscape Nursery LLC; and Markwest Energy Partners, L.P. Petition of: Peter McMichael and P&J Construction and Landscape Nursery LLC Tina McMichael, Individually, and as Executrix of the Estate of Seth W. McMichael, Deceased, Respondent v. Peter McMichael and P&J Construction and Landscape Nursery LLC, Petitioners
ORDER
PER CURIAM
AND NOW , this 22nd day of October, 2019, the Petition for Allowance of Appeal is GRANTED . The issue, as stated by Petitioners, is:
When there is no evidence of economic losses under the Wrongful Death Act,
such as medical or funeral expenses, or estate administration costs; no evidence as to the amounts that the decedent would have provided to his family over his lifetime; and no evidence as to the value of the services that the decedent would have provided to his family; and the jury did not accept as credible evidence of the spouse's alleged non-economic loss, was the jury within its prerogative to award no damages under the Wrongful Death Act, was the trial court within its discretion in denying a new trial as to damages under that act, and did the Superior Court err in adopting a per se requirement of damages in virtually all wrongful death cases?
Justice Donohue did not participate in the consideration or decision of this matter.