O.C.G.A. § 51-3-44 (2019)

Annotations

Cross references. - Homicide generally, § 16-5-1 et seq. Administrative penalties for killing or injuring another person while hunting, § 27-2-25.1. Liability of railroad employers for injuries to employees generally, § 34-7-40 et seq.

Law reviews. - For article discussing historical background of wrongful death statutes in America, see 9 Ga. B. J. 261 (1947). For article, ‘‘Actions for Wrongful Death in Georgia,’’ see 9 Ga. B. J. 368 (1947). For article surveying actions for wrongful death in Georgia, see 14 Ga. B. J. 48 (1951). For article, ‘‘Actions for Wrongful Death in Georgia: Part One,’’ see 19 Ga. B. J. 277 (1957). For article, ‘‘Actions for Wrongful Death in Georgia: Part Two,’’ see 19 Ga. B. J. 439 (1957). For article, ‘‘Actions for Wrongful Death in Georgia: Part Two,’’ section two, see 20 Ga. B. J. 152 (1957). For article, ‘‘Actions for Wrongful Death in Georgia: Parts Three and Four,’’ see 21 Ga. B. J. 339 (1959). For article discussing types of wrongful conduct involved in wrongful death actions in Georgia, see 22 Ga. B. J. 325 (1960). For article discussing the use of mortality tables in determining the value of life earnings of the deceased in wrongful death actions, with emphasis on

mother; survival of action; service on and intervention of parties not joining; effect of final judgment [Repealed]. Wrongful death of child. Recovery by personal representative for wrongful death and for certain expenses. Notification of licensing boards of judgments against health care provider.

the Carlisle table, see 9 Ga. St. B. J. 293 (1973). For article, ‘‘Toward an Economic Theory of the Measurement of Damages in a Wrongful Death Action,’’ see 34 Emory L.J. 295 (1985). For article, ‘‘Damage Calibrations Under the Federal Tort Claims Act,’’ see 25 Ga. St. B. J. 100 (1988). For article, ‘‘Pre-Impact Pain and Suffering,’’ see 26 Ga. St. B. J. 60 (1989). For article, ‘‘The Case for Allowing Punitive Damages in Georgia Wrongful Death Actions: The Need to Remove an Unjust Anomaly in Georgia Law,’’ see 45 Mercer L. Rev. 1 (1993). For note, ‘‘Products Liability in Georgia,’’ see 12 Ga. L. Rev. 83 (1977). For comment discussing the prohibition of wrongful death suits under Georgia’s strict liability in Ford Motor Co. v. Carter, 239 Ga. 657, 238 S.E.2d 361 (1977), see 29 Mercer L. Rev. 649 (1978). For table covering actions from wrongful death in Georgia, see 10 Ga. B. J. 28 (1947). For comment, ‘‘ ‘Am I My Brother’s Keeper?’: Reforming Criminal Hazing Laws Based on Assumption of Care,’’ see 63 Emory L.J. 925 (2014). For comment, ‘‘Having an Affair May Shorten Your Life: The Ashley Madison Suicides,’’ see 33 Georgia St. U.L. Rev. 455 (2017).

JUDICIAL DECISIONS This chapter does not violate due process clause of U.S. Const., amend.

14. - Legislative provision imposing a penalty does not invade judicial functions.

Western & A.R.R. v. Michael, 175 Ga. 1, 165 S.E. 37 (1932). The wrongful death statute does not violate the equality clause of U.S. Const., amend. 14, because in no action ex delicto in this state, save when predicated on such statute, can a plaintiff recover in a case bottomed on simple negligence more than actual compensation. In the exercise of the state’s broad police power, the General Assembly can create a measure of damages for homicides resulting from ordinary negligence as well as for homicide resulting from wanton, willful, or criminal negligence. Western & A.R.R. v. Michael, 175 Ga. 1, 165 S.E. 37 (1932). Wrongful death acts, being statutory rather than common-law remedies, are to be strictly construed. Watson v. Thompson, 185 Ga. 402, 195 S.E. 190, answer conformed to, 58 Ga. App. 177, 198 S.E. 116 (1938); St. Paul Fire & Marine Ins. Co. v. Miniweather, 119 Ga. App. 617, 168 S.E.2d 341 (1969); Higginbotham v. Ford Motor Co., 540 F.2d 762 (5th Cir. 1976); Stiltjes v. Ridco Exterminating Co., 178 Ga. App. 438, 343 S.E.2d 715, aff ’d, 256 Ga. 255, 347 S.E.2d 568 (1986). Actions for wrongful death are statutory in origin and repose in person or persons to whom such right is given by statute solely by reason of the survivor’s relationship to the deceased. Burns v. Brickle, 106 Ga. App. 150, 126 S.E.2d 633 (1962). Wrongful death statute is one that is intended to inflict punishment upon wrong-doers who bring about death of human being by negligence. - Lord Campbell’s act and the various statutes in this country based upon it are nothing more than a method of punishing negligence by civil action. This is nothing more nor less than a legislative imposition of a penalty upon the person who causes the death of another by negligence, the penalty to go to the person injured. Harden v. United States, 485 F. Supp. 380 (S.D. Ga. 1980), aff ’d, 688 F.2d 1025 (5th Cir. 1982). Provisions of this chapter should be construed together and a construction given to one provision, unless manifestly inapplicable, should be applied to

the others. Vickers v. Vickers, 210 Ga. 488, 80 S.E.2d 817 (1954); Burns v. Brickle, 106 Ga. App. 150, 126 S.E.2d 633 (1962). Aim of wrongful death statutes is to strike at the evil of negligent destruction of human life by imposing liability upon those who are responsible either directly through themselves or indirectly through their employees for homicides. Western & A.R.R. v. Michael, 175 Ga. 1, 165 S.E. 37 (1932). While wrongful death statute is punitive so far as the defendant is concerned, it is compensatory so far as the plaintiff is concerned; but exact compensation for the loss sustained is not the primary object of the statute, though in many cases this result may be brought about. Harden v. United States, 485 F. Supp. 380 (S.D. Ga. 1980), aff ’d, 688 F.2d 1025 (5th Cir. 1982). Georgia law does not make basis of recovery for wrongful death the mental or physical suffering of person bringing action. The action to recover damages on account of negligent homicide is not an action seeking to recover for mental pain and suffering. Hudson v. Cole, 102 Ga. App. 300, 115 S.E.2d 825 (1960); YMCA v. Bailey, 112 Ga. App. 684, 146 S.E.2d 324 (1965), cert. denied, 385 U.S. 868, 87 S. Ct. 131, 17 L. Ed. 2d 95 (1966). Georgia two-year limitation of action for wrongful death is public policy of this state, and it bars the institution of such litigation after a lapse of this period and the period cannot be extended by the legislatures of foreign states. Taylor v. Murray, 231 Ga. 852, 204 S.E.2d 747 (1974). ‘‘Discovery rule’’ does not apply. - The ‘‘discovery rule’’, which provides that the right of action does not ‘‘accrue’’ until the injured person discovers the cause of one’s injury, does not apply to a wrongful death action alleging a failure to warn. Miles v. Ashland Chem. Co., 261 Ga. 726, 410 S.E.2d 290 (1991). Plea of collateral estoppel is available in wrongful death action. Montgomery v. DeKalb Steel, Inc., 144 Ga. App. 191, 240 S.E.2d 741 (1977). Although former Code 1933, § 3-505 (see now O.C.G.A. § 9-2-41) alllowed

for survivorship of tort actions in Georgia, it was distinct from Georgia’s wrongful death statute, former Code 1933, § 105-1301 et seq. (see now O.C.G.A. § 51-4-1 et seq.), which creates a new cause of action in certain individuals for recovery of the full value of the life of the deceased. Anderson v. Jones, 508 F. Supp. 399 (N.D. Ga. 1980); Gilmere v. City of Atlanta, 737 F.2d 894 (11th Cir. 1984), aff ’d in part, rev’d in part on other grounds on reh’g en banc, 774 F.2d 1495 (11th Cir. 1985), cert. denied, 476 U.S. 1115, 106 S. Ct. 1970, 90 L. Ed. 2d 654; 476 U.S. 1124, 106 S. Ct. 1993, 90 L. Ed. 2d 673 (1986); 493 U.S. 817, 110 S. Ct. 70, 107 L. Ed. 2d 37 (1989). Plaintiffs may not bring wrongful death action if the deceased personally would have been barred by the covenant not to sue. Although it is true that the action created by the wrongful death statute is different from the cause of action which the plaintiff would have possessed had the plaintiff lived, and a defense which would have been good against the plaintiff is good against the plaintiff ’s representatives in a wrongful death action. Wade v. Watson, 527 F. Supp. 1049 (N.D. Ga. 1981), aff ’d, 731 F.2d 890 (11th Cir. 1984). Since the covenant not to sue would have barred the deceased’s cause of action for simple negligence, it will bar the plaintiffs’ cause of action for simple negligence under the wrongful death statute as well. But, the issue of gross negligence is not mooted by the covenant not to sue. Wade v. Watson, 527 F. Supp. 1049 (N.D. Ga. 1981), aff ’d, 731 F.2d 890 (11th Cir. 1984). Standing. - Wrongful death laws did not contemplate the absurd result and ‘‘legal impossibility’’ of a wrongdoer having to sue oneself to recover for the wrongful death of a spouse, which the wrongdoer caused, and it was equally plain that

the legislature did not intend that a murdering spouse financially benefit from the murder by possessing the ability to pursue the right of action for the victim’s death against any other parties potentially liable for the homicide, nor did the legislature intend that the killer render oneself immune from civil liability because only the wrongdoer held the cause of action as the surviving spouse; such circumstances would completely subvert the very purposes of the wrongful death laws. Carringer v. Rodgers, 276 Ga. 359, 578 S.E.2d 841 (2003). Bifurcated trial in federal court. - When count I claimed that the decedent was an employee of the defendant railroads under the provisions of the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq., and count II was a wrongful death claim brought under the provisions of O.C.G.A. § 51-4-1 et seq., by which it was contended that if the deceased was not a railroad employee, the death was, nevertheless, caused by the defendants’ negligence, and the trial court ordered a bifurcated trial at which the jury would first try the issue of the decedent’s employment status, and based upon the verdict entered an order dismissing Count I, that order eliminated the Federal Employers’ Liability Act claim and made the case removable to a federal court for trial of the wrongful death count. Decubas v. Norfolk S. Corp., 683 F. Supp. 259 (M.D. Ga. 1988). Cited in Threatt v. American Mut. Liab. Ins. Co., 173 Ga. 350, 160 S.E. 379 (1931); King v. Patellis, 181 Ga. 157, 181 S.E. 667 (1935); Zachry v. City Council, 78 Ga. App. 746, 52 S.E.2d 339 (1949); Davis v. Atlanta Gas Light Co., 82 Ga. App. 460, 61 S.E.2d 510 (1950); Wallace v. Ener, 521 F.2d 215 (5th Cir. 1975); Smallwood v. Bickers, 139 Ga. App. 720, 229 S.E.2d 525 (1976); Mason v. Ford Motor Co., 307 F.3d 1271 (11th Cir. 2002).

RESEARCH REFERENCES Am. Jur. 2d. - 22A Am. Jur. 2d, Death, § 1 et seq. Am. Jur. Proof of Facts. - Lightning

or Electrical Storm Causing Injury or Death to Employee, 81 POF3d 1. Am. Jur. Trials. - Sample Summa-

tions in Personal Injury and Death, 6 Am. Jur. Trials 807. Homicide, 7 Am. Jur. Trials 477. Airline Passenger Death Cases, 8 Am. Jur. Trials 173. Representation of Survivors in Death Actions, 11 Am. Jur. Trials 1. Wrongful Death Actions, 12 Am. Jur. Trials 317. Vehicular Homicide, 13 Am. Jur. Trials 295. Actions by or against a Decedent’s Estate, 19 Am. Jur. Trials 1. Crib Death Litigation, 37 Am. Jur. Trials 1. Forensic Pathology in Homicide Cases, 40 Am. Jur. Trials 501. Self-Defense in Homicide Cases, 42 Am. Jur. Trials 151. Public School Liability: Constitutional Tort Claims for Excessive Punishment and Failure to Supervise Students, 48 Am. Jur. Trials 587. Evaluation and Settlement of Personal Injury and Wrongful Death Cases, 53 Am. Jur. Trials 1. Representing Automobile Accident Victims, 58 Am. Jur. Trials 283. Ship Collision Cases: Technical and Legal Aspects; Investigation and Preparation for Suit, 63 Am. Jur. Trials 347. C.J.S. - 25A C.J.S., Death, § 18 et seq. ALR. - Effect of death of a beneficiary upon right of action under death statute, 13 ALR 225; 43 ALR2d 1291. Division among beneficiaries of amount awarded by jury or received in settlement upon account of wrongful death, 14 ALR 516; 112 ALR 30; 171 ALR 204. Judgment in an action for death as a bar to another action for the same death in another jurisdiction or under another statute, 26 ALR 984; 53 ALR 1275. Events between death and trial as bearing upon damages to beneficiary for wrongful death, 30 ALR 121. Survival of action or cause of action for wrongful death against representative of wrongdoer, 61 ALR 830; 171 ALR 1392. Civil liability for death or injury in prize fights, 71 ALR 189. ‘‘Sentimental’’ losses, including mental anguish, loss of society, and loss of marital, filial, or parental care and guidance, as elements of damages in action for wrongful death, 74 ALR 11.

Admissibility of evidence, and propriety and effect of questions, statements, comments, etc., tending to show that defendant in a personal-injury or death action carries liability insurance, 74 ALR 849; 95 ALR 388; 105 ALR 1319; 4 ALR2d 761. Nature of differences between lex loci and lex fori which will sustain or defeat jurisdiction of a cause of action for death arising under the law of another state or country, 77 ALR 1311. Retrospective effect of statute relating to causes of action for death dependent upon prior statute, 77 ALR 1338. Contractual relationship as affecting right of action for death, 80 ALR 880; 115 ALR 1026. Exemplary or punitive damages as recoverable in action for death, 94 ALR 384. Funeral expenses as element of damages for wrongful death, 94 ALR 438. Judgment in action for personal injuries to or death of one person as res judicata or conclusive of matters there litigated in subsequent action for personal injury to or death of another person in the same accident, 104 ALR 1476. Rate of discount to be considered in computing present value of future earnings or benefits lost on account of death or personal injury, 105 ALR 234. Death of tort-feasor before death of injured person as precluding action for death, 112 ALR 343. Municipal corporation or other governmental unit as within term ‘‘corporation,’’ ‘‘person,’’ or other term employed in death statute descriptive of parties against whom the action may be maintained, 115 ALR 1287. Admissibility in action for death of evidence as to pecuniary condition of deceased, 128 ALR 1084. Shortening of life expectancy as element of damages recoverable in action by person injured or in action under survival or death statute, 131 ALR 1351. Liability for death or injury on or near golf course, 138 ALR 541; 82 ALR2d 1183. Right to maintain action for wrongful death for benefit of nonresident aliens, 138 ALR 684. Presumption of due care by person killed in accident as supporting or aiding inference of negligence by defendant, or

inference that latter’s negligence was proximate cause of accident, 144 ALR 1473. Judgment in wrongful death action as res judicata in a subsequent action in same jurisdiction for the same death under same statute brought by or for benefit of statutory beneficiary whose status as such was ignored in the former action, 148 ALR 1346. Effect of existence of nearer related but nondependent member upon right to sue under death statute in behalf of more remotely related but dependent member of same class, 162 ALR 704. Limitation applicable to action for personal injury as affecting action for death resulting from injury, 167 ALR 894. Contributory negligence of beneficiary as affecting action under death or survival statute, 2 ALR2d 785. Admissibility of evidence, and propriety and effect of questions, statements, comments, etc., tending to show that defendant in a personal-injury or death action carries liability insurance, 4 ALR2d 761. Claim for wrongful death as subject of counterclaim or cross action in negligence action against decedent’s estate, and vice versa, 6 ALR2d 256. Civil liability for death by suicide, 11 ALR2d 751; 58 ALR3d 828. Law of state where ticket was purchased, rather than law of state where accident occurred, as governing in action against carrier for death of passenger, 13 ALR2d 650. Liability of operator of flight training school for injury or death of trainee, 17 ALR2d 557. Proof to establish or negative self-defense in civil action for death from intentional act, 17 ALR2d 597. Conflict of laws as to survival or revival of wrongful death actions against estate or personal representative of wrongdoer, 17 ALR2d 690. Violation of zoning ordinance or regulation as affecting or creating liability for injuries or death, 31 ALR2d 1469. Joinder of cause of action for pain and suffering of decedent with cause of action for wrongful death, 35 ALR2d 1377. Right of action for wrongful death as subject to claims of creditors, 35 ALR2d 1443.

Liability for injury or death of adult from electric wires passing through or near trees, 40 ALR2d 1299. Conflict of laws as regards survival of cause of action and revival or pending action upon death of party, 42 ALR2d 1170. Right of defendant in action for personal injury, property damage, or death, to bring in new parties as cross defendants to his counterclaim or the like, 46 ALR2d 1253. Power of court, in action under foreign wrongful death statute, to decline jurisdiction on ground of inconvenience of forum, 48 ALR2d 850. Liability for injury or death from collision with guy wire, 55 ALR2d 178. Independent contractor’s or subcontractor’s liability for injury or death of third person occurring during excavation work not in street or highway, 62 ALR2d 1052. Right to recover under civil damage or dramshop act for death of intoxicated person, 64 ALR2d 705. Proper forum and right to maintain action for airplane accident causing death over or in high seas, 66 ALR2d 1002. Retroactive effect of statute changing manner and method of distribution of recovery or settlement for wrongful death, 66 ALR2d 1444. Recovery of nominal damages in a wrongful death action, 69 ALR2d 628. Action for death caused by maritime tort within a state’s territorial waters, 71 ALR2d 1296. Liability for personal injury or death based on overloading aircraft, 75 ALR2d 868. Competency of witness in wrongful death action as affected by dead man statute, 77 ALR2d 676. Participation in gambling activities as bar to action for personal injury or death, 77 ALR2d 961. Admissibility, as against objection of remoteness, of evidence as to past earnings, upon issue as to amount of damages in an action for personal injury or death, 81 ALR2d 733. Pension, retirement income, social security payments, and the like, of deceased, as affecting recovery in wrongful death action, 81 ALR2d 949.

Admissibility of evidence of plaintiff ’s or decedent’s drawing from partnership or other business as evidence of earning capacity, in action for personal injury or death, 82 ALR2d 679. Liability of owner of horse to person injured or killed when kicked, bitten, knocked down, and the like, 85 ALR2d 1161. Custom as to loading, unloading, or stowage of cargo as standard of care in action for personal injury or death of seaman or longshoreman, 85 ALR2d 1196. Action ex contractu for damages caused by death, 86 ALR2d 316. What law governs the distribution, apportionment, or disposition of damages recovered for wrongful death, 92 ALR2d 1129. Conflict of laws as to measure or amount of damages in death actions, 92 ALR2d 1180. Fact that tortfeasor is member of class of beneficiaries as affecting right to maintain action for wrongful death, 95 ALR2d 585. Recovery of prejudgment interest on wrongful death damages, 96 ALR2d 1104. Admissibility, in wrongful death action for pecuniary loss suffered by next of kin, etc., of evidence as to decedent’s personal qualities with respect to sobriety or morality, 99 ALR2d 972. Liability for injury to or death of passenger in connection with a fire drill or abandonment-of-ship drill aboard a vessel, 8 ALR3d 650. Liability for injury to or death of umpire, referee, or judge of game or contest, 10 ALR3d 446. Propriety and prejudicial effect of reference by plaintiff ’s counsel, in jury trial of personal injuries or death action, to amount of damages claimed or expected by his client, 14 ALR3d 541. What amounts to negligence within meaning of statutes penalizing negligent homicide by operation of a motor vehicle, 20 ALR3d 473. Death on High Seas Act: right to recover for death of seaman as affected by Jones Act, 22 ALR3d 852. Uninsured motorist clause: coverage of claim for wrongful death of insured, 26 ALR3d 935.

Admissibility of evidence of habit, customary behavior, or reputation as to care of pedestrian on question of his care at time of collision with motor vehicle giving rise to his injury or death, 28 ALR3d 1293. Brothers and sisters of deceased as beneficiaries within state wrongful death statute, 31 ALR3d 379. Excessiveness of adequacy of damages awarded for personal injuries resulting in death of persons engaged in farming, ranching, or agricultural labor, 46 ALR3d 733. Liability for injuries or death resulting from physical therapy, 53 ALR3d 1250. Liability of hospital, other than mental institution, for suicide of patient, 60 ALR3d 880. Modern status of rule denying a common-law recovery for wrongful death, 61 ALR3d 906. Liability of manufacturer or seller for injury or death allegedly caused by use of contraceptive, 70 ALR3d 315. Recovery, in action for benefit of decedent’s estate in jurisdiction which has both wrongful death and survival statutes, of value of earnings decedent would have made after death, 76 ALR3d 125. Liability of participant in team athletic competition for injury to or death of another participant, 77 ALR3d 1300. Liability of power company for injury or death resulting from contact of radio or television antenna with electrical line, 82 ALR3d 113. Patient tort liability of rest, convalescent, or nursing homes, 83 ALR3d 871. Liability of swimming facility operator for injury or death allegedly resulting from condition of deck, bathhouse, or other area in vicinity of water, 86 ALR3d 388. Liability of swimming facility operator for injury to or death of swimmer allegedly resulting from hazardous condition in water, 86 ALR3d 1021. Modern status of interspousal tort immunity in personal injury and wrongful death actions, 92 ALR3d 901. Validity of release of prospective right to wrongful death action, 92 ALR3d 1232. Liability for injury or death from ski lift, ski tow, or similar device, 95 ALR3d 203. Liability for civilian skydiver’s or parachutist’s injury or death, 95 ALR3d 1280.

Products liability: personal injury or death allegedly caused by defect in motorcycle or its parts, supplies, or equipment, 98 ALR3d 317. Liability of persons furnishing intoxicating liquor for injury to or death of consumer, outside coverage of civil damage acts, 98 ALR3d 1230. Liability of common carrier for personal injury or death of passenger occasioned by inhalation of gases or fumes from exhaust, 99 ALR3d 751. Products liability: personal injury or death allegedly caused by defect in steering system in motor vehicle, 100 ALR3d 158. Modern status of effect of state workmen’s compensation act on right of third-person tortfeasor to contribution or indemnity from employer of injured or killed workman, 100 ALR3d 350. Motor carrier’s liability for personal injury or death of passenger caused by debris, litter, or other foreign object on floor or seat of vehicle, 1 ALR4th 1249. Products liability: personal injury or death allegedly caused by defect in electrical system in motor vehicle, 5 ALR4th 662. Effect of death of a beneficiary upon right of action under death statute, 13 ALR4th 1060. Liability of theater owner or operator for injury to or death of patron resulting from lighting conditions on premises, 19 ALR4th 1110. Liability for personal injury or death allegedly resulting from television or radio broadcast, 20 ALR4th 327. Effect of settlement with and acceptance of release from one wrongful death beneficiary upon liability of tortfeasor to other beneficiaries or decedent’s personal representative, 21 ALR4th 275. Negligence of one parent contributing to injury or death of child as barring or reducing damages recoverable by other parent for losses suffered by other parent as result of injury or death of child, 26 ALR4th 396. Judgment in favor of, or adverse to, person injured as barring action for his death, 26 ALR4th 1264. Claim for punitive damages in tort action as surviving death of tortfeasor or person wronged, 30 ALR4th 707.

Excessiveness or inadequacy of damages awarded for personal injuries resulting in death of persons engaged in farming, ranching, or agricultural labor, 46 ALR4th 220. Personal injury or property damage caused by lightning as basis of tort liability, 46 ALR4th 1170. Excessiveness or adequacy of damages awarded for personal injuries resulting in death of persons engaged in trades and manual occupations, 47 ALR4th 134. Excessiveness or adequacy of damages awarded for personal injuries resulting in death of retired persons, 48 ALR4th 229. Liability for personal injury or death caused by trespassing or intruding livestock, 49 ALR4th 710. Future disease or condition, or anxiety relating thereto, as element of recovery, 50 ALR4th 13. Excessiveness or adequacy of damages awarded for personal injuries resulting in death of persons engaged in professional, white-collar, and nonmanual occupations, 50 ALR4th 787. Liability to one struck by golf ball, 53 ALR4th 282. Wrongful death: surviving parent’s minority as tolling limitation period on suit for child’s wrongful death, 54 ALR4th 362. Primary liability of private chain franchisor for injury or death caused by franchise premises or equipment, 59 ALR4th 1142. Liability to one struck by golf club, 63 ALR4th 221. Liability for injury or death allegedly caused by activities of hospital ‘‘rescue team’’, 64 ALR4th 1200. Recovery in death action for failure to diagnose incurable disease which caused death, 64 ALR4th 1232. Tort liability of college, university, fraternity, or sorority for injury or death of member or prospective member by hazing or initiation activity, 68 ALR4th 228. Prejudicial effect of bringing to jury’s attention fact that plaintiff in personal injury or death action is entitled to workers’ compensation benefits, 69 ALR4th 131. Medical malpractice: statute of limitations in wrongful death action based on medical malpractice, 70 ALR4th 535.

Effect of death of beneficiary, following wrongful death, upon damages, 73 ALR4th 441. When is death ‘‘instantaneous’’ for purposes of wrongful death or survival action, 75 ALR4th 151. Admissibility of evidence, in action for personal injury or death, of injured party’s use of intoxicants or illegal drugs on issue of life expectancy, 86 ALR4th 1135. Liability for injuries to, or death of water skiers, 34 ALR5th 77. Wrongful death damages for loss of expectancy of inheritance from decedent, 42 ALR5th 465. Liability of manufacturer or seller for injury or death allegedly caused by use of contraceptive, 54 ALR5th 1. Liability of participant in team athletic competition for injury to or death of another participant, 55 ALR5th 529. Admissibility, after enactment of Rule 411, Federal Rules of Evidence, of evidence of liability insurance in negligence actions, 40 ALR Fed. 541.

Limitation of liability of air carrier for personal injury or death, 91 ALR Fed. 547. Excessiveness or adequacy of compensatory damages for personal injury to or death of seaman in actions under Jones Act (46 USCS Appx § 688) or doctrine of unseaworthiness - modern cases, 96 ALR Fed. 541. Excessiveness or adequacy of awards of damages for personal injury or death in actions under Federal Employers’ Liability Act (45 USCS § 51 et seq.) - modern cases, 97 ALR Fed. 189. Products liability: personal injury or death allegedly caused by defect in motorcycle or its parts or equipment, 14 A.L.R.7th 7. Tortious maintenance or removal of life supports, 100 A.L.R.6th 477. Validity, construction, and application of state exemption statutes for proceeds of personal injury or wrongful death lawsuits, 99 A.L.R.6th 481.