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Skebong v Trust Territory [1984] TTLawRp 3; 8 TTR 399 (18 January 1984)

8 TTR 399

JOHN SKEBONG and CAROLINE SKEBONG, Plaintiffs-Appellees

v.

GOVERNMENT OF THE TRUST TERRITORY OF THE PACIFIC ISLANDS, Defendant-Appellant

Civil Appeal No. 353

Appellate Division of the High Court

Palau District

January 18, 1984

Appeal from trial court judgment awarding damages in negligence action brought by parents of five-year-old minor child. The Appellate Division of the High Court, Gianotti, Associate Justice, held that award for pain and suffering of the parents was proper, separate award for actual damages incurred in addition to pecuniary damages was proper, and that amount of award for pecuniary damages was erroneous, where the sole explanation of the court in making its award was a reference to Palauan custom which did not appear in the testimony, and therefore the case was affirmed in part and reversed in part.

1. Negligence-Generally

Negligence is a question of fact.

2. Appeal and Error-Scope of Review-Facts

A finding of negligence by trial court will not be set aside on appeal unless there is manifest error.

3. Torts-Damages-Pain and Suffering

On appeal of negligence action brought by parents of deceased child, where transcript of trial contained a detailed summary of the problems incurred by the parents and the anguish they went through as they watched their daughter weaken and subsequently die, trial court's award of $40,000 for pain and suffering of the parents was upheld. (6 TTC § 203)

4. Torts-Damages-Particular Cases

In negligence action, trial court's award of $55,000 in pecuniary damages was erroneous, where the sole explanation of the court for making its award was a reference to Palauan custom which did not appear in the testimony, and therefore there was not a sufficient basis for such an award.

5. Torts-Damages-Actual Damages

In negligence action, plaintiffs could recover separate award for actual damages incurred for hospital bills, transportation and daily cost of living, in addition to statutory award allowed for pecuniary damage, and the aggregate from these damages may exceed the $100,000 statutory limitation for pecuniary damages. (6 TTC § 203)