What is Michigan’s Wrongful Death Damages jury instruction?
A. The Michigan Supreme Court’s Standard Jury Instruction Committee has drafted a jury instruction creating additional legal relief that can be requested under the Michigan Wrongful Death Act. This instruction, approved by the Michigan Supreme Court, implements the legislature’s intent to broadly construe the damages allowable under the Wrongful Death Act. SJI2d 45.02 entitled “Wrongful Death – Damages.” This jury instruction permits a jury in a wrongful death case to consider awarding damages in addition to those specifically described in the Michigan Wrongful Death Act, including “loss of gifts or other valuable gratuities” and “loss of parental training and guidance.” In addition, the drafters of the instruction left two blanks after “loss of society and companionship.” These blanks are to include other elements of damages and loss that can be recovered on behalf of an estate. The Committee’s comment indicates: “Where appropriate, elements of damages such as those listed in M Civ JI
