A controversy has developed in recent years concerning the form of verdict sheets with regard to damages in wrongful death actions. Specifically, a question has arisen with respect to whether the verdict sheet should have specific interrogatories inquiring as to the wrongful death damages to be awarded to each of the decedent’s distributees. It seems evident to us that such specificity in a verdict sheet can only shed greater clarity on the jury’s findings in later efforts to assess whether the damages awarded are supported by the evidence. It seems equally evident that there can be no prejudice or harm to any party by having the jury make specific awards for wrongful death damages. Therefore, there is no reason why juries should not itemize wrongful death damages among distributees and, where appropriate, elements or items of pecuniary loss.

This is the view taken by the Fourth Department in Huthmacher v. Dunlop Tire, 309 A.D.2d 1175 (4th Dept. 2003). The plaintiff’s decedent fell through an elevator shaft and died 69 days later. He was survived by his wife and three minor children. There was a finding of liability as a matter of law under Labor Law §240(1), and a trial was held on damages. The Appellate Division set aside the jury’s awards for the decedent’s pain and suffering and for his spouse’s loss of consortium as excessive. The court also ordered a new trial as to wrongful death damages based upon errors in the verdict sheet. First, the award for past lost earnings improperly covered the period from the date of accident until the date of the verdict, without distinguishing between lost earnings that accrued while the decedent was alive (which is part of the personal injury cause of action) and that which accrued after his death (which is part of the wrongful death cause of action). Second, the past and future lost earnings applicable to wrongful death and the past and future loss of household services, were actually components of past and future pecuniary losses, but they were all treated as separate items on the verdict sheet. Third, only the past and future pecuniary losses were allocated among each of the four pecuniary dependents. Based on the form of the verdict, the court held:

Because we cannot determine what the jury would have done if it had been presented with a verdict sheet that incorporated past and future loss of earnings and past and future loss of services into the award for pecuniary loss, nor can we determine how it might have allocated such an award among the four survivors, we grant a new trial on damages for pecuniary loss. On retrial, the verdict sheet must direct the jury to make a separate award for past and future loss of earnings, past and future loss of services, past and future loss of parental guidance, and loss of inheritance to each survivor to whom such an award is applicable. The sum of each past and future loss component for each survivor will constitute that survivor’s pecuniary loss sustained by reason of decedent’s death.