Bennett v. Andree

STIFTEL, President Judge.

This is an action for wrongful death under 10 Del.C. § 3704, brought by the widow of John N. Bennett, III, who was killed in a motor vehicle accident in Delaware on September 2, 1965. The case was first tried in the Superior Court in February, 1968, and the jury returned a verdict for plaintiff in the amount of $21,800. The jury had been instructed, over plaintiff’s objection, not to take into consideration the minor children in awarding damages.

*354On motion by plaintiff, a new trial was granted by the Superior Court because of the inadequacy of the verdict. The judge…