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8 Arizona opinions name it 1 courts 1970–2021 1 in the last five years
The cases below were cited by Arizona 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 |
|---|---|---|
Barragan v. Superior Court of Pima Countygreen2 sentences2021The wrongful death statute, A.R.S. § 12-612, is “an original and distinct claim for damages sustained by the statutory beneficiaries and is not derivative or a continuation of a claim existing in the decedent.” See Barragan v. Superior Court, 12 Ariz. App. 402, 404 (1970) (a wrongful death action “is for the wrong to the beneficiaries, confined to their loss because of the death”). 1988In distinguishing wrongful death actions from survival actions, which carry on the claim that the decedent would have had for his injuries, Division Two of this court stated in Barragan v. Superior Court, 12 Ariz.App. 402, 404-405 , 470 P.2d 722, 724-725 (1970) (citation omitted): A wrongful death action is an original and distinct claim for damages sustained by the statutory beneficiaries and is not derivative of or a continuation of a claim existing in the decedent. | 2 | 5 |
In Re Estate of Winngreen2 sentences2014A wrongful death claim is a statutory cause of action for "damages sustained by the statutory beneficiaries and is not derivative or a continuation of a claim originating with the decedent." Winn, 225 Ariz. at 278 n. 7, ¶ 16, 237 P.3d at 631 n. 7 (citation omitted). . 42 U.S.C.A. §§ 1395 to 1395kkk-l (West, West-law through P.L. 113-92 (excluding P.L. 113-76, 113-79, and 113-89)). 2014A wrongful death claim is a statutory cause of action for "damages sustained by the statutory beneficiaries and is not derivative or a continuation of a claim originating with the decedent." Winn, 225 Ariz. at 278 n. 7, ¶ 16, 237 P.3d at 631 n. 7 (citation omitted). . 42 U.S.C.A. §§ 1395 to 1395kkk-l (West, West-law through P.L. 113-92 (excluding P.L. 113-76, 113-79, and 113-89)). | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rogers v. Smith Kline & French Laboratories
green
2 sentences1986Barragan v. Superior Court, 12 Ariz.App. 402 , 470 P.2d 722 (1970); Rogers v. Smith, Kline and French Laboratories, 5 Ariz.App. 553 , 429 P.2d 4 (1967). 1986Barragan v. Superior Court, 12 Ariz.App. 402 , 470 P.2d 722 (1970); Rogers v. Smith, Kline and French Laboratories, 5 Ariz.App. 553 , 429 P.2d 4 (1967). | 1 | 1986–1986 |
Patricia Van Sickel, Michael John Van Sickel, Patricia Ann Van Sickel v. United States
green
1 sentence1970Van Sickel v. United States, 285 F.2d 87 (9th Cir. 1960). | 1 | 1970–1970 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.