E.H. v. Slayton, 568 P3d 377 (April 30, 2025) (C.J. Timmer) https://law.justia.com/cases/arizona/supreme-court/2025/cr-24-0245-pr.html

FUTURE LOST WAGES OF MURDERED CHILD ARE RECOVERABLE AS RESTITUTION TO EXTENT THE AMOUNT HAS A REASONABLE BASIS AND IS NOT PRODUCT OF SPECULATION OR CONJECTURE

Defendant Lillian Hester was convicted of murdering her six-year-old nephew, Jack, and her boyfriend and Jack's grandmother plead guilty to charges of child abuse and endangerment. Jack's half-sister, Elise, seeks $3 million in future lost wages in restitution  from defendants. Elise has a right under the Victims' Bill of Rights (Ariz. Const. art. 2, § 2.1(A)(8)) to restitution. The trial court rejected the claim finding a murdered child's future lost wages constitute consequential damages which are not recoverable as restitution See A.R.S.  § 13-603(C). The Arizona Court of Appeals agreed and affirmed. The Arizona Supreme Court reversed and remanded with instructions to the Coconino County Superior Court and vacated the Arizona Court of Appeals decision.

The Arizona Constitution defines “victim” as “the person's spouse, parent, child or other lawful representative, unless that individual is incarcerated or is the accused.”  Restitution reimburses the “economic loss” suffered by the victim. See § 13-603(C) “Economic loss”  means  “losses that would not  have  been incurred but  for  the  offense,”  including  “lost  earnings”  but  excepting  “damages  for  pain  and  suffering,  punitive  damages  [and]  consequential  damages.”    § 13-105(16) restitution is  paid  to the  victim's  immediate  family.    Importantly, the victim may bring a civil lawsuit to recover other damages,  including  claims for  pain  and  suffering,  consequential  damages, and punitive damages.”  

Future lost wages of a murdered child constitute an economic loss which qualified surviving family members may recover as restitution provided the amount sought can be proven to have a reasonable basis and is not the product of speculation or conjecture