GIROUARD v. SKYLINE STEEL, INC.

No. 1 CA-CV 06-0093.

158 P.3d 255 (2007)

Theodor J. GIROUARD III, surviving parent of Nicholas D. Girouard, deceased, Plaintiff/Appellant, v. SKYLINE STEEL, INC., Defendant/Appellee.

Court of Appeals of Arizona, Division 1, Department A.

May 24, 2007.


Attorney(s) appearing for the Case

Warnock MacKinlay & Associates PLLC by Brian R. Warnock, Krista M. Carman, Phoenix, Attorneys for Plaintiff/Appellant.

Douglas & Cox LLP by Dean R. Cox, Phoenix, Attorneys for Defendant/Appellee.


OPINION

KESSLER, Judge.

¶ 1 In this case we are called upon to determine whether evidence of the manner of a decedent's death is admissible on the issue of damages in a wrongful death claim. We hold that such evidence is admissible, but only insofar as it is relevant to the survivor's own mental anguish resulting from the death and not the suffering of the decedent prior to death.

¶ 2 Plaintiff-Appellant Theodor J. Girouard III ("Girouard...

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