Stringham v. United Parcel Service, Inc.

536 N.E.2d 1292 (1989)

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Nature of the Case

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Facts

A vehicle being driven by David E. Stringham (P) collided with the rear end of D's semi-tractor trailer, which was temporarily parked with its emergency light flashers on in the curb lane of the four-lane road, two lanes in each direction. While the driver of D's vehicle stated that he was only stopped for a short while in order to close the passenger door in the cab which had come open, another witness testified that the truck had been parked there as long as 20 minutes. P died from injuries resulting from the accident. Evidence was introduced that he had a blood-alcohol level of .21. P was divorced from his former wife, Valerie R. Stringham, and left two children surviving, Tracy and Tina. Tina was seven years old and suffers from Down's Syndrome. D contends that the circuit court erred in denying its motion in limine and allowing into evidence testimony regarding the future care, treatment, and prognosis of a surviving child of decedent, Tina Stringham, who has Down's Syndrome. D argues that the health or helplessness of a beneficiary in a wrongful death action is an improper consideration. D maintains that damages may not be recovered for future, speculative conditions brought on by Down's Syndrome as contrasted to allowable compensation for loss of benefits of companionship which exist in a family relationship.