Whenever the death of a person shall be caused by the wrongful act, neglect, or default
of another, and the act, neglect, or default is such as would, if death had not ensued,
have entitled the party injured to maintain an action and recover damages in respect
thereof, the person who, or the corporation which, would have been liable if death
had not ensued shall be liable to an action for damages, in addition to the one provided
for under §§ 10-7-1 — 10-7-4 for the hospital, medical, and other expenses incurred, including diminution of earning
power until time of death, by or in behalf of the party injured by reason of the wrongful
act, neglect or default, notwithstanding the death of the person injured and although
the death shall have been caused under such circumstances as amount in law to a felony.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1960–2021 · leading case:
Hargreaves v. Jack, 750 A.2d 430 (R.I. 2000).
Hargreaves v. Jack, 750 A.2d 430 (R.I. 2000).
· cites it 10× “But for these same reasons I also do not believe that the IOD statute bars plaintiff from recovering under §§ 10-7-5 and 10-7-7 of the WDA for her deceased husband's pain and suffering and for the lost earning power that he experienced before his death.”
Aetna Cas. & Sur. Co. v. Curley, 585 A.2d 640 (R.I. 1991).
· cites it 8× “Can the personal representative of a decedent recover survival-type damages under R.I. Gen. Laws §§ 10-7-5, 10-7-7, from the tortfeasor whose negligence was the sole proximate cause of the decedent’s death in circumstances where the tortfeasor is also the sole, or a principal,…”
Presley v. Newport Hosp., 365 A.2d 748 (R.I. 1978).
“One is a recovery for death (§10-7-1), and the other is for “* * * hospital, medical and other expenses incurred, including diminution of earning power until time of death, by or in behalf of the party injured by reason of such wrongful act, neglect or default * * *” (§10-7-5)…”
Young v. City of Providence, 301 F. Supp. 2d 163 (D.R.I. 2004).
· cites it 2× “In its July 1, 2003,-memorandum and order, the Court granted Saraiva's and Solitro's motion for summary judgment as to that portion of Count IX that asserted a claim under R.I. Gen Laws §§ 10-7-5 through 10-7-8. 8 .”
Tyre v. Swain, 946 A.2d 1189 (R.I. 2008).
“Section 10-7-1 provides for recovery for the death itself, whereas § 10-7-5 and § 10-7-7 provide for survival damages, which includes damages for medical expenses, lost earning capacity until the time of death, pain and suffering.”
Simeone v. Charron, 762 A.2d 442 (R.I. 2000).
“1, medical expenses pursuant to § 10-7-5, and an award for conscious pain and suffering pursuant to § 10-7-7.”
O'LEARY v. Bingham, 159 A.2d 619 (R.I. 1960).
· cites it 2× “The first ground of plaintiff’s demurrer further sets forth: “(b) Sections 10-7-5 and 10-7-6 of the 1956 General Laws of Rhode Island specifically state that a recovery under these sections shall be a part of the estate of the decedent.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.