Sunday, November 24, 2013

Fuentes v. Tucker case brief

Fuentes v. Tucker case brief summary
187 P. 2d 752 (1947)

Defendant driver appealed the judgments of the Superior Court of Los Angeles County (California), which awarded plaintiff parents $ 7500 in damages against driver in each of two wrongful death actions.

Parents filed actions against the driver who killed their sons. The actions were consolidated for trial. On the day of the trial, the driver filed amended answers admitting liability. The superior court allowed the parents to introduce evidence concerning the circumstances of the accident, including that driver was intoxicated and their children were thrown 80 feet by the force of the impact. In each case, the jury awarded $ 7,500 in damages to parents. The driver appealed the judgments and argued that the introduction of the evidence of the circumstances of the accident was unrelated to the issue of damages. He also argued that joinder of the mothers as plaintiffs with the fathers augmented the damages.


  • The court affirmed the judgments of the superior court because it did not appear that the evidentiary error resulted in a miscarriage of justice. 
  • The mothers were proper parties under the wrongful death statute.

The court affirmed the judgments of the superior court.

Recommended Supplements for Civil Procedure

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