Wrongful Death: Teen Decedent’s Future Earnings Potential Can Be Properly Claimed
The Michigan Court of Appeals has determined that a trial court properly denied a defendant’s motion for summary disposition on the issue of whether a teen decedent’s future earning potential can be proven with reasonable certainty. The case was brought pursuant to Michigan’s wrongful death statute, MCL 600.2922.
In this case, the teen decedent died of bacterial meningitis after being treated by defendants. He was 13 years old at the time of death. A wrongful death medical malpractice claim was brought by the teen’s Estate alleging that the defendants failed to properly diagnose and treat the teen’s medical condition. The defendants moved for summary disposition stating that lost future earnings were too speculative. The trial court disagreed and denied the motion.
The Court of Appeals asserted that the child’s expected future earning capacity was not too speculative if the plaintiff could prove future earning potential with reasonable certainty based upon the child’s unique and known traits and abilities. If such a foundation could be laid, there was no reason to preclude a claim for lost future earnings despite the decedent’s lack of previous employment history.
Click on the link to read the entire case of Daher v Healthcare Services-Garden City, LLC.
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