Brown v. Department of State Highways

In this action for wrongful death, plaintiff claimed that defendants failed to properly maintain a highway as required by MCL 691.1402; MSA 3.996(102). After a nonjury trial, a judgment for plaintiff was entered for $9,435. Plaintiff appeals by right and raises various questions concerning damages and costs.

I

Plaintiff argues that the damages recoverable in an action for wrongful death include the estate which the deceased might reasonably have been expected to accumulate had he lived out a normal lifespan. Plaintiff relies on O’Toole v United States, 242 F2d 308, 311-313 (CA 3, 1957), a case…