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Showing papers in "Notre Dame Law Review in 1971"









Journal Article
TL;DR: In this paper, the authors consider damages as the court or jury may consider fair and just, including, but not limited to, medical and funeral expenses, loss of assistance, services and expectation of pecuniary benefits without regard to the beneficiaries' ages or relationships to decedent, and without considering the probable accumulations decedents might have saved during his lifetime if he had lived.
Abstract: OF DAMAGE PROVISIONS OF WRONGFUL DEATH STATUTES WITH PERTINENT GASES Alabama-ALA. CODE tit. 7, § 119. ".... such damages as the jury may assess.. Adkison v. Adkison, 46 Ala. App. 191, 239 So. 2d.555, rev'd. 239 So. 2d 562, 286 Ala. 305. Damages recoverable in an action by a parent for wrongful death of a minor child are punitive only, the idea being to punish for wrongful death and to deter others from engaging in such conduct ... $10,000 verdict for mother. Alaska-AAsK STAT. § 13.20.330. "Such damages as the court or jury may consider fair and just.. a. including, but not limited to, medical and funeral expenses. b. Loss of assistance, services and expectation of pecuniary benefits without regard to the beneficiaries' ages or relationships to decedent and without regard to the probable accumulations decedent might have saved during his lifetime if he had lived; and loss of support contributions, consortium and prospective training and education . . . if action is for benefit of decedents estate, recovery is limited to pecuniary loss. Arizona-Agiz. REV. STAT. ANN. § 12-542. "... fair and just..." Inspiration Consol. Cooper Co. v. Bergan, 35 Ariz. 285, 276 P. 846 (1929). An award to or for the benefit of parents of a deceased minor child may be based in part on the value of benefits which, according to the evidence, the parents might reasonably have expected from the child after his majority. Arkansas-ARx. STAT. ANN. § 27-909. ".... fair and just... including loss of services and companionship of spouse and/or mental anguish." ('lso next of kin) California-CAL. CIV. PRO. § 377. "Such damages as under all the circumstances may be just, but not including any recoverable under the survival statutes." Fields v. Riley, 81 Cal. Rptr. 671 (Ct. App. 1969). Plaintiff's action for death of son held damages in wrongful death action are limited to pecuniary loss suffered by one because of death of another, and parents in wrongful death action may recover for loss of a child's comfort and society and subsequent protection which child may have afforded parent provided

1 citations


Journal Article

1 citations