Turfway Park Racing Ass'n v. Griffin

I concur in the majority opinion in this case because I believe it reaches a just result in a difficult matter. In my view, it is appropriate to allow the jury to consider all the material originally decided.

However, I wish to state my views separately in regard to the question of whether a jury is required, as a matter of law, to accept the unrebutted testimony of an expert economist in a wrongful death action in behalf of a child’s estate.

Here the jury returned a verdict which awarded “0” for the destruction of the earning power of the estate of the deceased infant. In the same instruction,…