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AMI 2212 Measure of Damages—Parent's Cause of Action—Injury to Child

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2212
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 22. Damages
AMI 2212 Measure of Damages—Parent's Cause of Action—Injury to Child
[If you decide for (parent) (against any party [he][she] is suing) on [his][her] claim for damages resulting from injuries to (child),] [If an interrogatory requires you to assess the damages of (parent) resulting from injuries to (child),] you must then fix the amount of money which will fairly and reasonably compensate [him][her] for any of the following elements of damage which you find were proximately caused by the [negligence][or][fault] of [or ]:
(a) [The reasonable expense of any necessary medical care, treatment and services received by (child) (including [transportation][and][board][and][lodging] expenses necessarily incurred in securing such care, treatment, or services) (and the present value of such expense reasonably certain to be required in the future during (child)'s minority):]
(b) [The present value of any reasonable expense of medical care and treatment reasonably certain to be incurred in the future during (child)'s minority:]
(c) [The reasonable value of any (services)(and)(contributions) of (child) which the parents have lost (and the present value of any [services][and][contributions] the parents are reasonably certain to lose in the future [during (child)'s minority])].
Whether any of these elements of damage has been proved by the evidence is for you to determine.
Select appropriate paragraphs (a) (b) and (c) as justified by the evidence.
In actions involving children old enough to render services and who have demonstrated an intention or disposition to make contributions to the parents after reaching majority, the bracketed phrase “during 's minority” in paragraph (c) should be omitted. See Comment to AMI 2217.
See AMI 2220 for definition of “present value.” Use AMI 2213 when a minor is the plaintiff.
In cases where the parent and the minor child are both plaintiffs, AMI 2213 may be used in addition to this instruction.
A parent may recover for medical expenses incurred on behalf of the child. Arkansas Power & Light Co. v. Connelly, 185 Ark. 693, 49 S.W.2d 387 (1932); Byrd v. Galbraith, 172 Ark. 219, 288 S.W. 717 (1926).
Parents may also recover for loss of services of the child. Jolly v. Smith, 188 Ark. 446, 65 S.W.2d 908 (1933). Loss of future services should be reduced to present value. St. Louis, I.M. & S. Ry. Co. v. Jacks, 105 Ark. 347, 151 S.W. 706 (1912).
Loss of services is recoverable even when a child has demonstrated no capacity or intention to render services of value to the parent. Earl v. Mosler Safe Co., 291 Ark. 276, 724 S.W.2d 174 (1987) (two-year-old child).
Transportation, board, and lodging expenses necessarily incurred in obtaining required medical care, treatment, and services are recoverable. Blissett v. Frisby, 249 Ark. 235, 458 S.W.2d 735 (1970).
The measure of damages is the value of the services and earnings of the child without any deduction for the expenses of support since the parent's duty to support the child continues after the injury as before. McCormick, Damages, 328 (1935).
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