(( A woman is dead because of the neg-
xxligence of others. How can I
measure in dollars and cents the loss
that has. been inflicted upon her hus
band and six children?"
This question faced Judge Bryan Simpson,
when a suit was brought before him last year
in Federal District court at Jacksonville,
Fla. He knew it was impossible to put a price
tag on the woman's life but he also realized
that in fairness to her survivors he must set
some figure.
The woman, wife of Navy Lieut. Cmdr.
Armand F. Legare, was attended by Navy
doctors during the birth of her sixth child.
Delivery was by'Caesarean section, and blood
transfusions were necessary. But through a
tragic hospital error, she was given blood of
the wrong type and died after 20 days of
painful suffering.
In his suit, Commander Legare emphasized
that he had been especially dependent on his
wife's help in rearing their children. Long
tours of sea duty often took, him away
from home. And during those periods, his
wife had to act as both mother and father
to their youngsters.
At the time of the
trial, Commander Le
gare's children were
staying with relatives,
but he did not want to make this arrange
ment permanent. "They're my kids, and I
want to rear them," he said.
Judge Simpson heard expert testimony
concerning how much it would cost Com
mander Legare to maintain a home for the
children as well as to hire domestic help and
a nursemaid-governess who could serve as a
"substitute mother." After deliberation, he
awarded the Navy officer $150,000. This in
cluded $98,838 for loss of his wife's services,
$25,000 for loss of her companionship, and
$1,200 for funeral expenses. In addition,
Commander Legare, as personal representa
tive of his wife's estate, received $25,000 for
her "conscious pain and suffering."
There could be a difference of opinion
about the exact amount this husband and
father should have received. But certainly no
one would deny that he deserved to be com
pensated for his loss. Yet the startling fact
is that, until recently, our courts of law
placed no value on the loss of services of a
loving and devoted wife and mother!
jp V-yo
How Much
Is a Housewife Worth?
children, aged four months and 16 months,
for a 20-year period was determined :
Wages for substitute mother (com
bination nurse-governess) :
$80 a week for first five years . . $20,800.00
$75 a week for the next 15 years 58,500.00
Wages for part-time housekeeper,
$1.50 an hour, 16 hours a week
for 20 years 24,960.00
Wages for baby sitter, $1 an hour,
six hours a week (48 weeks a
year) for five years 1,440.00
Social Security for three employees
(substitute mother, housekeeper,
and baby sitter) 4,149.12
Workmen's compensation insurance
for three employees 1,500.00
Liability insurance 240.00
Advertising for, interviewing, and
screening applicants for position
of substitute mother 1,200.00
Agency supervision and training of
substitute mother 1,980.00
Family counseling and psychologi
cal guidance for father 5,000.00
Total for 20-year period .
The
Courts are answering that
question with larger awards
to reflect what the loss of a
wife and mother really means
By EDWARD B. ROOD
President, National Association
of Claimants' Counsel of America
Fortunately, the old attitude is changing
rapidly. Our courts are now making up-to-date,
realistic appraisals of a housewife's
pecuniary worth, and they are also according
recognition and compensation for her less
tangible values.
One such case, Weiss vs. Rubin, reached
the Appellate Division in New York State in
1960. It introduced the testimony of community-service
and philanthropic-agency repre
sentatives to establish the high cost of ca
pable, around-the-clock "substitute mothers."
The following schedule shows how the cost
of replacing the 25-year-old mother of two
...$119,769.12
unfortunate
deaths of the two
young wives I have
cited arouse our im
mediate compassion.
But courts of law are also giving increasing
consideration to the value of a less obvious
claimant the older wife.'
The case of Fabrizi vs. Kramer Brother
Freight Lines (Pa., 1958) involved the ques
tion of how much a 55-year-old wife was
worth. She had helped her husband operate a
restaurant, serving as cook-waitress. She had
been so frugal that her own maintenance had
not exceeded $300 a year;
The jury awarded her husband $68,100,
and the judge refused to set aside the award
as excessive.
Over and over again, our courts are refus
ing to evaluate a housewife's worth solely in
terms of : ( 1 ) what it costs to replace her with
a menial servant; (2) what she would have
earned working for another "employer"; or
(3) any combination of these two.
Today's emphasis is not only on a wife's
monetary value but also on her services in
counseling, advising, comforting, and other
wise serving her husband. And this ia the
way it should be.
COVER:
PhotographerOzzie Street's search for Miss
Somebody candidates leas amply retvarded
when he found lovely Patricia Ann Stewart
in Riloii, Miss. Family Weekly's newest
Miss Somebody is described on page tS.
Waalcly
July 22, 1952
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