McGlinchy v. Union Carbide Corp.

Dissenting Opinion by

Montgomery, J.:

In this wrongful death case, the court below, sitting without a jury, returned a verdict for the plaintiff in *255the sum of $206,966.29. It is my opinion that this verdict is excessive and that a new trial should be awarded for a determination of the proper damages only.

From my review of the testimony submitted on damages, I believe that there is insufficient testimony to support the verdict in the area of the decedent’s future earnings. At death the decedent was thirty years of age and had worked for the defendant for nine months for $7,500 per year. Although…