Maine Limitation in Wrongful Death Cases A jury award in a San Diego wrongful death case has highlighted once again the disparity between community standards and a Maine statute which places a burdensome limitation on the amount which a bereaved family can recover against the corporation whose employees’ carelessness caused the death of a loved one. In the California case a car dealership performed a faulty tire repair with the result that a tread separation caused a vehicle rollover killing the driver and his wife who was a passenger. The young couple clearly were positioned for significant future earnings which would be recoverable in a Mainewrongful death case, as well as inCalifornia. The verdict of $14.4 million, however, reflected a large sum for the loss of companionship suffered by the deceased’s three young sons who were the plaintiffs in the lawsuit, a sum which would be limited under Mainelaw to $500,000 for each victim. In my blogs I like to point out from time to time the unfairness of the present Maine law on wrongful death actions in hopes that the Legislature will take action to rectify this injustice. After all, isn’t a jury of citizens better qualified than the Legislature to determine fair compensation on a case by case basis?
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