2013 Ohio 1515
Ohio Ct. Cl.2013Background
- Plaintiff Michael Reed seeks wrongful death damages on behalf of his family after Traci Reed died and Conner Reed was injured when a tree struck their vehicle on SR 83.
- ODOT allegedly had actual notice of a hazardous condition and was negligent proximately causing the deaths and injuries.
- Damages phase bifurcated: liability found; then damages awarded for lost earning capacity, services, society, and mental anguish; collateral sources later deducted.
- Court awarded funeral expenses of $20,133.36 separate from other damages.
- Dr. Burke quantified Traci’s lost earning capacity, calculating future wages with a 0.88% annual growth and including fringe benefits; some pay-grid-based testimony was excluded.
- Non-economic damages were awarded: Michael $1,000,000; Samantha and Conner $500,000 each; Traci’s parents $250,000 each; sister $100,000; total non-economic damages $2,600,000.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the award for lost earning capacity is proper | Reed seeks full lost earnings and benefits. | Burke's future-pay increases based on non-admitted grid should be excluded. | Yes; future increases excluded, but past and projected growth via 0.88% annually credited. |
| Whether loss of Traci's services was properly compensated | Value of household services is substantial and compensable. | Dr. Burke's arbitrary methods lacking market support. | Yes; court adopts a reasonable minimum-wage-based calculation at $389,793. |
| Whether non-economic damages for loss of society and mental anguish are proper | Family and siblings suffered emotional distress warrant substantial awards. | Evidence does not justify excessive non-economic awards. | Yes; awards totaling $2,600,000 are justified. |
| Whether funeral expenses and collateral sources were properly handled | Funeral costs properly recoverable; collateral benefits reduce awards per statute. | Collateral sources should offset damages; some benefits already accounted for. | Yes; funeral expenses awarded; collateral-source deductions applied after probate adjustments. |
Key Cases Cited
- Galayda v. Lake Hosp. Sys., Inc., 71 Ohio St.3d 421 (Ohio 1994) (present-value conversion of future damages permitted; jury need not rely on expert for present value)
- Sahrbacker v. Lucerne Prods., Inc., 52 Ohio St.3d 179 (Ohio 1990) (expert testimony not always required to convert future damages to present value)
- Senig v. Nationwide Mut. Ins. Co., 10 Ohio App.3d 565 (Ohio App.3d 1992) (permitted recovery for mental anguish and loss of society by next of kin upon proof)