M Civ JI 50.07 Element of Damage - Loss of Future Earning Capacity - Unemancipated Minor Plaintiff

… the *(loss of earning capacity after the plaintiff has reached the age of eighteen)

Note on Use

*This element is to be inserted in M Civ JI 50.01 when the evidence justifies its use and the plaintiff is an unemancipated minor.

Comment

As to use of the term “earning capacity,” see Comment to M Civ JI 50.06.

In actions for damages arising out of an injury to an unemancipated minor, the loss of earning capacity during the child’s minority is recoverable by the parents. Vink v House, 336 Mich 292; 57 NW2d 887 (1953); Gumienny v Hess, 285 Mich 411; 280 NW 809 (1938); Mulder v Achterhof, 258 Mich 190; 242 NW 215 (1932). The child’s recovery, therefore, is limited to the loss of his earning capacity after he or she reaches the age of eighteen (the age of majority, as provided by 1971 PA 79, MCL 722.52 et seq), unless the parents waive their rights. See Gumienny, 285 Mich at 414–415; 280 NW at 810.

History

M Civ JI 50.07 is a revision of SJI 30.07. Amended February 1, 1981.