Union Transports, Inc. v. Braun

On Motion for Rehearing

We have carefully considered appellant’s motion for rehearing and find that it should be, and it hereby is, in all things overruled, except as hereinafter stated. Appellant urges in its motion for rehearing, as it did in its original brief, that $65,000 damages awarded to Charlie I. Braun for the death of his wife was excessive and that we erred in not so holding. After a re-examination of the record and authorities, we have reached the conclusion that appellant’s contention in this respect is well taken and that the $65,000 award to Charlie I. Braun exceeds a rational appraisal of his damages for the death of his wife by $20,000. Al*943though precedents are helpful in determining the excessiveness or inadequacy of a verdict, there is no set formula by which the exact amount of damages can be ascertained. As noted in our original opinion, in the case of Dallas Ry. & Terminal Co. v. Bishop, Tex.Civ.App., 203 S.W.2d 651 (RNRE), it was held, in effect, that an award which amounted to approximately $2,000 per year was not excessive for the loss of the services of a 62 year old housewife by a 64 year old husband. At least one difference in that case and this one is that in the instant case the wife had employment outside the home and, consequently,-a substantial portion of her time was not directed to services in the home. There was of necessity a considerable reduction in the value of her domestic services. The evidence indicates that the total amount of Mrs. Braun’s expected earnings for employment outside the home over a period of 31 years would be in the neighborhood of $34,-287.00. We take judicial notice of the fact that the present value of that amount of money paid over a period of 31 years would be much less than $34,000. We have concluded that the $65,000 award to Charlie I. Braun is excessive and exceeds a rational appraisal of the damages he is entitled to receive for the death of his wife in the sum of $20,000. ■ If appellee Charlie I. Braun will promptly file a remittitur, the judgment will be reformed accordingly; otherwise, the cause as to him will .be remanded for a new trial.