References in periodicals archive ?
Clark (110) In Kansas City Stock Yards, the court considered an untimely filing of a wrongful death claim and held fast to the application of strict interpretation and statutory creation precedent.
Although a formal lawsuit was not filed, a wrongful death claim was made on behalf of Glenn's parents and her four children.
Put simply, in order to succeed as against the retailer on the wrongful death claim, it was necessary for the insured to establish that the retailer's negligence was the sole, exclusive care of the insured's lack of coverage.
Whitman further alleged that Kean had died under "unusual circumstances," that his death required "further investigation" and that Whitman desired to obtain medical records in the possession of Trinity "in order to determine whether there [were] grounds to assert a wrongful death claim on behalf of the estate of the decedent." The Probate Count granted the petition and appointed Williford as Administrator ad litem of Kean's estate.
Gannon filed her wrongful death claim more than five years after the alleged negligent failure to diagnose the patient's condition.
The estate of a deceased inmate filed a [section] 1983 action alleging that a county violated the inmate's constitutional right to medical care and supervision, and asserting a wrongful death claim. The district court granted summary judgment in favor of the defendants.
Perhaps because the personal representative could still pursue the wrongful death claim, it appears the wife did seek Florida Supreme Court review based on the certified conflict.
Barry Winchell, who was murdered in his barracks in 1999, is appealing the Army's denial of her $1.8 million wrongful death claim. "We have to do this for our son's sake," said Patricia Kutteles.
"Only her living and surviving child, KF (Kaylee Frazee), has standing to bring a wrongful death claim," ( it said.
In 2016, Supreme Court said that, because Mickels death wasnt caused by the doctors alleged negligence, the family couldnt pursue a wrongful death claim. But in a twist, the court added, the family could sue for negligence.
The Jeanette Maples wrongful death claim sought $1 million in noneconomic damages for Anthony Maples' loss of his daughter's "society, love and companionship." It also sought $500,000 in noneconomic damages for her suffering of "severe hunger, starvation, anemia, dehydration, alienation of affection, distress and a lack of the enjoyment of her short life" due to the state's failure to protect her from her mother.
Over the course of the following year, the wrongful death claim was filed, and even consolidated into the personal injury action, but Abetta never sent written notice of the wrongful death claim, its summons, or complaint to Amerisc.