Court Decision: Fitzpatrick v. Cohen
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U. S. District Court Judge Singal entered an order on April 12, 2011, in Fitzpatrick v. Cohen applying the amended Wrongful Death statute, 18-A M.R.S. sec. 2-804 in a case where the injury which allegedly precipitated the death of the decedent occurred before the amendment went into effect.
Ryan Fitzpatrick was seriously injured in a car accident on July 2, 2008. A lawsuit for damages was filed against the defendant on December 29, 2009. On February 11, 2010, Ryan was killed in a skiing accident. His father and personal representative, David Fitzpatrick, alleged that Ryan's death was caused by the 2008 car accident.
Effective September 28, 2009, the Maine wrongful death statute was amended to allow economic recovery for pecuniary loss resulting the death of the deceased. Prior to the amendment, economic damages were allowed only to the extent they were suffered by the beneficiary of the wrongful death claim.
David Fitzpatrick argued that the amended statute was applicable while the defense contended that the claim should be governed by the version of the statute in effect at the time of the collision.
Judge Singal ruled that the amended statute should be applied, as the Maine Law Court has long held that the rights attaching to a death claim arise at the time of death. Judge Singal noted that the amendment did not change any substantive rights or liabilities.
Considering whether the economic loss should be reduced by the decedent's projected personal consumption, an issue not previously decided in Maine, Judge Singal held, in accord with the majority of courts, that any pecuniary damages should be reduced to reflect personal consumption by the deceased.
Fitzpatrick v. Cohen Judgment:
www.mainepersonalinjurylaw.com/uploads/file/fitzpatrick v cohen (WD damages)(1).pdf
