Luis v. Cavin

I dissent.

The majority opinion affirms a joint judgment of $25,000 rendered in favor of the surviving wife, individually, and the guardian ad litem of an infant child, in a suit for damages for the wrongful death of her husband as the result of an automobile casualty. The jury was erroneously instructed to consider elements of damages to be awarded to the wife, individually, which she had specifically waived by the terms of a property settlement agreement which was in full force. It is impossible to determine what portion of the point judgment represents the unauthorized award to the wife.

The…