Mendoza v. City of West Covina

In Mendoza v. City of West Covina (2012) 206 Cal.App.4th 702, the decedent died while in police custody and his two sons sued for wrongful death. The jury awarded them $750,000 each, reduced by 30 percent for the decedent's comparative fault. (Id. at p. 706.) There was evidence the decedent left Mexico without telling his family and never returned for a visit, and his sons never visited him; there was no evidence he provided financial support for them and no evidence of his life expectancy. (Id. at p. 720.) The decedent however, had lived with his sons until he came to the United States, and the plaintiffs testified to the love and affection they shared with their father, and his continued emotional support through frequent phone conversations. The court concluded the jury's award was not excessive or the result of passion or sympathy. (Id. at p. 721.) In short, a jury awarded $750,000 in noneconomic damages to each of the adult sons of a decedent who died while in police custody. (Mendoza, supra, 206 Cal.App.4th at p. 706.) The appeals court concluded the awards were not excessive because the record demonstrated that the sons had a loving and caring relationship with their father, even though they lived in a different country and received emotional support from him only via telephone. (See Mendoza, 206 Cal.App.4th at p. 721.)