The appellants appealed a jury verdict awarding damages under the Family Law Act following a fatal motor vehicle accident.
They argued the trial judge erred by failing to correct inflammatory comments by the respondents' counsel, allowing a loss of income claim without actuarial evidence, and that the $200,000 award to the deceased's mother for loss of care, guidance and companionship was grossly excessive.
The Court of Appeal dismissed the appeal regarding the jury addresses and the loss of income claim, finding the trial judge's instructions were sufficient and actuarial evidence is not strictly required.
However, the Court allowed the appeal in part by reducing the mother's award for loss of care, guidance and companionship to $125,000, finding the original amount exceeded the permissible range.
