11 Utah opinions name it 2 courts 1983–2022 2 in the last five years
The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Jensen v. IHC Hospitals, Inc.green1 sentence2021A Defendant in a Wrongful Death Action Can Assert Defenses that Implicate the Viability of the Underlying Personal Injury Action ¶21 Given the semi-derivative nature of a wrongful death claim, Utah courts have analyzed on a case-by-case basis whether certain defenses applicable to the underlying personal injury claim can apply to a wrongful death claim. ―A wrongful death plaintiff is not exposed to all of the defendant‘s defenses, but rather is ‗subject to at least some of the defenses that would have been available against the decedent had she lived to maintain her own action.‘‖ Bybee, 2008 U | 1 | 1 |
Bybee v. Abdullagreen2 sentences2021Put another way, in states that treat wrongful death actions as completely derivative of the underlying personal injury claim, the decedent‘s heirs ―‗stand in the shoes‘ that shod the decedent while he was alive.‖ Bybee, 2008 UT 35, ¶ 22 . 2021A Defendant in a Wrongful Death Action Can Assert Defenses that Implicate the Viability of the Underlying Personal Injury Action ¶21 Given the semi-derivative nature of a wrongful death claim, Utah courts have analyzed on a case-by-case basis whether certain defenses applicable to the underlying personal injury claim can apply to a wrongful death claim. ―A wrongful death plaintiff is not exposed to all of the defendant‘s defenses, but rather is ‗subject to at least some of the defenses that would have been available against the decedent had she lived to maintain her own action.‘‖ Bybee, 2008 U | 1 | 1 |
Aragon v. Clover Club Foods Co.green1 sentence2016See Aragon, 857 P.2d at 251, 253 . | 1 | 1 |
Marriage of Bugh v. Bughgreen2 sentences2016But "money realized as compensation for lost wages and medical expenses, which diminish the marital estate, are considered to be marital property." Naranjo, T51 P.2d at 1148; see also Bugh v. Bugh, 125 Ariz. 190 , 608 P.2d 329, 331-32 (Ariz. Ct. App. 1980) (concluding that compensation awarded to an injured employee for lost wages and medical expenses, and not pain and suffering, was marital property). 21 So, even assuming Husband's civil rights action against the City equated to a personal injury claim, whether Husband's claims were for personal injuries is not determinative of whether the co 2016But "money realized as compensation for lost wages and medical expenses, which diminish the marital estate, are considered to be marital property." Naranjo, T51 P.2d at 1148; see also Bugh v. Bugh, 125 Ariz. 190 , 608 P.2d 329, 331-32 (Ariz. Ct. App. 1980) (concluding that compensation awarded to an injured employee for lost wages and medical expenses, and not pain and suffering, was marital property). 21 So, even assuming Husband's civil rights action against the City equated to a personal injury claim, whether Husband's claims were for personal injuries is not determinative of whether the co | 1 | 1 |
Cederloff v. Whitedgreen2 sentences2016See Cederloff v. Whited, 110 Utah 45 , 169 P.2d 777, 780 (1946). 2016See Cederloff v. Whited, 110 Utah 45 , 169 P.2d 777, 780 (1946). | 1 | 1 |
Horwich v. Superior Courtgreen2 sentences2008Hor-wich v. Superior Court, 21 Cal.4th 272 , 87 Cal.Rptr.2d 222 , 980 P.2d 927, 985 (1999). 125 While we are wary of announcing a categorical rule to distinguish between defenses that a decedent may successfully confer by contract on a defendant to assert against heirs in a wrongful death action, those least likely to be found enforceable are contract provisions that purport to affect the rights of heirs but do not affect the existence of the decedent's personal injury claim during his lifetime. 2008Hor-wich v. Superior Court, 21 Cal.4th 272 , 87 Cal.Rptr.2d 222 , 980 P.2d 927, 985 (1999). 125 While we are wary of announcing a categorical rule to distinguish between defenses that a decedent may successfully confer by contract on a defendant to assert against heirs in a wrongful death action, those least likely to be found enforceable are contract provisions that purport to affect the rights of heirs but do not affect the existence of the decedent's personal injury claim during his lifetime. | 1 | 1 |
Ballard v. Southwest Detroit Hospitalgreen2 sentences2008This was the case in Ballard v. Southwest Detroit Hospital, 119 Mich.App. 814 , 327 N.W.2d 370, 871-72 (1982), cited by Dr. Abdulla. 2008This was the case in Ballard v. Southwest Detroit Hospital, 119 Mich.App. 814 , 327 N.W.2d 370, 871-72 (1982), cited by Dr. Abdulla. | 1 | 1 |
Williams v. Dixie Elec. Power Ass'ngreen2 sentences1999Finally, the court concluded that the "defendant's surveillance video of the plaintiff was clearly relevant to a personal injury claim" and failure to disclose the tape constituted "an inaccurate response to [plaintiff's] interrogatories." Id. at 216. ¶10 Similarly, the Mississippi Supreme Court in Williams v. Dixie Electric Power Ass'n, 514 So.2d 332 (Miss.1987), held that a defendant who taped the plaintiff prior to and during trial was required to disclose this evidence in response to plaintiff's requests for discovery. 1999Finally, the court concluded that the “defendant’s surveillance video of the plaintiff was clearly relevant to a personal injury claim” and failure to disclose the tape constituted “an inaccurate response to [plaintiffs] interrogatories.” Id. at 216. ¶ 10 Similarly, the Mississippi Supreme Court in Williams v. Dixie Electric Power Ass’n, 514 So.2d 332 (Miss.1987), held that a defendant who taped the plaintiff prior to and during trial was required to disclose this evidence in response to plaintiffs requests for discovery. | 1 | 1 |
Utah State Bar v. Summerhayes & Hayden, Public Adjustersgreen1 sentence1998See Utah State Bar v. Summerhayes & Hayden, 905 P.2d 867 (Utah 1995) (holding practice of third-party adjusting of insurance claims by public adjusters is the "unauthorized practice of law"). | 1 | 1 |
Horton v. Goldminer's Daughtergreen2 sentences1997Given the underlying rationale, and given that the core purpose of any statute of limitations is to compel exercise of a right within a reasonable time to avoid stale claims, loss of evidence, and faded memories, Horton v. Goldminer's Daughter, 785 P.2d 1087, 1091 (Utah 1989), we see no reason to impose a different rule regarding the heirs' maintenance of a wrongful death suit where an injured patient has chosen to let the statute of limitations run on the underlying personal injury claim rather than settling or litigating the claim. 1997Given the underlying rationale, and given that the core purpose of any statute of limitations is to compel exercise of a right within a reasonable time to avoid stale claims, loss of evidence, and faded memories, Horton v. Goldminer’s Daughter, 785 P.2d 1087, 1091 (Utah 1989), we see no reason to impose a different rule regarding the heirs’ maintenance of a wrongful death suit where an injured patient has chosen to let the statute of limitations run on the underlying personal injury claim rather than settling or litigating the claim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Utah Department of Environmental Quality v. Redd
neutral
2 sentences2022Later that month—which __________________________________________________________ 3 ―[I]n reviewing a denial of summary judgment, we view the facts and all reasonable inferences drawn therefrom in the light most favorable to the nonmoving party.‖ Utah Dep’t of Env’t Quality v. Redd, 2002 UT 50, ¶ 3 , 48 P.3d 230 . 3 ESTATE OF HUITRON v. KAYE Opinion of the Court was almost three years after Huitron‘s death—Kaye brought a personal injury claim against the Estate. 2022Later that month—which __________________________________________________________ 3 ―[I]n reviewing a denial of summary judgment, we view the facts and all reasonable inferences drawn therefrom in the light most favorable to the nonmoving party.‖ Utah Dep’t of Env’t Quality v. Redd, 2002 UT 50, ¶ 3 , 48 P.3d 230 . 3 ESTATE OF HUITRON v. KAYE Opinion of the Court was almost three years after Huitron‘s death—Kaye brought a personal injury claim against the Estate. | 1 | 2022–2022 |
Riggs v. Georgia-Pacific LLC
green
2 sentences2021There, we analyzed whether a judgment for a personal injury claim obtained by an injured plaintiff precluded her family from bringing a wrongful death claim for the same injury after she died. 2015 UT 17 , ¶ 8. 2021Because of its constitutional protection, ―wrongful death occupies a position of privilege among torts.‖ Id. ¶18 Today‘s wrongful death statute provides that ―when the death of a person is caused by the wrongful act or neglect of another, his heirs . . . may maintain an action for damages against the person causing the death.‖ UTAH CODE § 78B-3-106(1). ¶19 The Feldmans argue that because a wrongful death claim has its own statutory basis, it is ―different and separate from a personal injury claim.‖ It is true that the wrongful death statute ―grants a person‘s heirs the right to maintain an act | 1 | 2021–2021 |
Naranjo v. Naranjo
green
1 sentence2016Rather, the court must look to the nature of the personal injuries to determine whether the compensation is for injuries usually considered so personal as to render it separate property. 122 In Naranjo v. Naranjo, 751 P.2d 1144 (Utah Ct. App. 1988), this court affirmed the trial court's determination that the defendant's compensation for lost wages and medical costs for a knee injury incurred in an industrial accident was marital property. | 1 | 2016–2016 |
Hill v. State Farm Mutual Automobile Insurance Co.
green
2 sentences2016Such an approach would unnecessarily subject the defendant to multiple suits for the same conduct, see Johanson, 152 P.2d at 103 , and potentially compromise the heirs' superior right to recover their share of the personal injury claim, see Hill, 765 P.2d at 866 . 2016Such an approach would unnecessarily subject the defendant to multiple suits for the same conduct, see Johanson, 152 P.2d at 103 , and potentially compromise the heirs' superior right to recover their share of the personal injury claim, see Hill, 765 P.2d at 866 . | 1 | 2016–2016 |
Johanson v. Cudahy Packing Co.
green
2 sentences2016Such an approach would unnecessarily subject the defendant to multiple suits for the same conduct, see Johanson, 152 P.2d at 103 , and potentially compromise the heirs' superior right to recover their share of the personal injury claim, see Hill, 765 P.2d at 866 . 2016Such an approach would unnecessarily subject the defendant to multiple suits for the same conduct, see Johanson, 152 P.2d at 103 , and potentially compromise the heirs' superior right to recover their share of the personal injury claim, see Hill, 765 P.2d at 866 . | 1 | 2016–2016 |
Cappadona v. Eckelmann
green
1 sentence1993In Cappa-dona v. Eckelmann, 159 NJ.Super. 352, 388 A.2d 239 (1978), the Superior Court of New Jersey, in determining that the state’s no-fault act did not govern when a cause of action accrued, stated: We see little to distinguish a personal injury claim surviving the threshold requirements from any other kind of similar claim. | 1 | 1993–1993 |
Union Pacific Railroad v. El Paso Natural Gas Co.
green
2 sentences1983In Union Pacific Railroad Co. v. El Paso Natural Gas Co., 17 Utah 2d 255 , 408 P.2d 910 (1965), this Court refused to enforce a very detailed and thorough exculpatory clause "against any and all liability, loss, damage [and] claims ... of whatsoever nature " to protect the plaintiff from a personal injury claim based on negligence. 1983In Union Pacific Railroad Co. v. El Paso Natural Gas Co., 17 Utah 2d 255 , 408 P.2d 910 (1965), this Court refused to enforce a very detailed and thorough exculpatory clause "against any and all liability, loss, damage [and] claims ... of whatsoever nature " to protect the plaintiff from a personal injury claim based on negligence. | 1 | 1983–1983 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.