Hutchings v. Childress

119 Ohio St. 3d 486 (Ohio 2008) · Supreme Court of Ohio · September 17, 2008

Summary

The Ohio Supreme Court held that an injured spouse may recover the fair market value of home health care provided gratuitously by the uninjured spouse. The proper measure of damages is the economic value of the care, not the uninjured spouse’s lost wages or income. Because the plaintiffs presented evidence only of lost income and not the market value of the care, the court affirmed the judgment against them on that issue.

Holdings

  1. An injured spouse's damages against a tortfeasor may include the fair market value of the home health care provided by the uninjured spouse, but may not be measured by the uninjured spouse's lost income.
  2. Damages for care provided by the uninjured spouse must be part of the injured spouse's claim and cannot be recovered as economic damages on the uninjured spouse's loss-of-consortium claim.
  3. The trial court properly refused to instruct the jury on John's lost wages because the plaintiffs offered evidence only of those lost wages and not evidence of the economic value of the care provided.

Questions Presented

  1. Whether an injured spouse may recover damages for the income lost by the uninjured spouse while providing care to the injured spouse.
  2. Whether the proper measure of damages for spousal care is the uninjured spouse's lost wages or the fair market value of the care provided.
  3. Whether damages for care provided by an uninjured spouse may be recovered as part of the injured spouse's claim rather than the uninjured spouse's loss-of-consortium claim.

Disposition

affirmed

Cases Cited (14)

  • Clouston v. Remlinger Oldsmobile Cadillac, Inc., 22 Ohio St. 2d 65, 51 O.O.2d 96, 258 N.E.2d 230 (1970)(followed)
  • Depouw v. Bichette, 162 Ohio App. 3d 336, 2005-Ohio-3695, 833 N.E.2d 744(partially rejected)
  • Hutchings v. Childress, Delaware App. No. 05CAE05-031, 2006-Ohio-7323, 2006 WL 6013390, ¶¶ 29-32(affirmed)
  • Griffen v. Cincinnati Realty Co., 15 Ohio N.P. (N.S.) 123, 27 Ohio Dec. 585(discussed)
  • Howard v. McKitrick, Franklin App. No. 87AP-148, 1987 WL 13837(approved)
  • Cincinnati Omnibus Co. v. Kuhnell, 9 Ohio Dec. Rep. 197(approved)
  • Rouse v. Riverside Methodist Hosp., 9 Ohio App. 3d 206, 9 OBR 355, 459 N.E.2d 593 (1983)(approved)
  • Kerns v. Lewis, 249 Mich. 27, 227 N.W. 727 (1929)(distinguished)
  • Pullman Palace-Car Co. v. Smith, 79 Tex. 468, 14 S.W. 993 (1890)(distinguished)
  • Keeth v. State Department of Public Safety & Transportation, 618 So. 2d 1154, 1163 (La. Ct. App. 1993)(distinguished)

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