WPI 30.09.01 Measure of Economic Damages—Elements of Past Damages—Domestic Services/Nonmedical ...

Insert this phrase as an element of past economic damages in the damage instruction (either WPI 30.01.01, WPI 30.02.01, or WPI 30.03.01) if the evidence justifies its use.

Use bracketed material as applicable. See Comment below for a discussion related to other economic damages.

RCW 4.56.250(1)(a).

The statute defines economic damages in part as objectively verifiable monetary losses, including the cost of obtaining substitute domestic services.

This instruction includes the bracketed words “nonmedical expenses,” which do not appear in the statute, as well as an empty set of brackets to be used as appropriate. It has not yet been conclusively determined whether monetary losses other than those listed in RCW 4.56.250(1)(a) may be considered in awarding economic damages. RCW 4.56.250(1)(a) defines economic damages as “including” a list of objectively verifiable monetary losses, while the following subsection of the statute, RCW 4.56.250(1)(b), defines noneconomic damages as “including, but not limited to” a list of subjective, nonmonetary losses. The WPI Committee concluded the Legislature did not intend the listing in RCW 4.56.250(1)(a) to be exclusive and that it is appropriate to instruct on other objectively verifiable nonmedical expenses in addition to substitute domestic services in this instruction (e.g., remodeling a home to accommodate a wheelchair). See generally the Comment to WPI 30.01.02 (Economic Damages—Definition).

Recovery for the reasonable value of services gratuitously rendered by a member of the family is permitted. Howells v. N. Am. Transp. & Trading Co., 24 Wash. 689, 694–95, 64 P. 786 (1901) (proper measure of damages is the reasonable value of the services rendered by the family member, not the value of the family member's lost time from own business). See also Connelly, Annotation, Damages for Personal Injury or Death as Including Value of Care and Nursing Gratuitously Rendered, 90 A.L.R.2d 1323 (1963).