Green v. Bittner

In Green v. Bittner, 85 N.J. 1, 12, 424 A.2d 210 (1980), Donna Green, a high school senior, was killed in an automobile accident. Her parents filed an action under the Wrongful Death Act against the driver of the other vehicle. The Court found that to be compensable, the lost companionship of a child to death "must be that which would have provided services substantially equivalent to those provided by the 'companions' often hired today by the aged or infirmed . . ." Id. at 12, 424 A.2d 210. The Court further explained: No pecuniary value may be attributed to the emotional pleasure that a parent gets when it is his or her child doing the caretaking rather than a stranger, although such pleasure will often be the primary value of the child's service, indeed, in reality, its most beneficial aspect. This loss of added emotional satisfaction that would have been derived from the child's companionship is fundamentally similar to the emotional suffering occasioned by death. Both are emotional rather than "pecuniary injuries," one expressed in terms of actual emotional loss, the other in terms of lost prospective emotional satisfaction. Green, 85 N.J. at 12-13, 424 A.2d 210. The Supreme Court of New Jersey held that loss of services, society and companionship of a child qualify as pecuniary injuries under the wrongful death statute, regardless of age. Id. at 11, 424 A.2d 210. The Court indicated that "'the pecuniary injury designated by the statute is nothing more than a deprivation of a reasonable expectation of a pecuniary advantage which would have resulted by a continuance of the life of the deceased.'" Ibid.