§ 1491. Right of action where death results from wrongful act
When the death of a person is caused by the wrongful act, neglect, or default of a
person or corporation, and the act, neglect, or default is such as would have entitled
the party injured to maintain an action and recover damages in respect thereof, if
death had not ensued, the person or corporation liable to such action shall be liable
to an action for damages, notwithstanding the death of the person injured and although
the death is caused under such circumstances as amount in law to a felony. (Amended 2017, No. 195 (Adj. Sess.), § 7.)
Tatum v. Schering Corp., 523 So. 2d 1042 (Ala. 1988). · cites it 6דStat. § 30.020 (1983); 42 Pa.Cons.Stat. Ann.”
Peterson v. Islamic Repub. of Iran, 515 F. Supp. 2d 25 (D.D.C. 2007). · cites it 2ד§ 15-51-10 (2006); Vt. Stat. Ann. tit. 14, § 1491 (2007). Each statute -provides for recovery of numerous categories of damages, including pecuniary loss in the form of the present monetary value of the decedent to the persons entitled to receive the damages recovered, expenses…”
Bacon v. Lascelles, 678 A.2d 902 (Vt. 1996). “8 Plaintiff also argues that the trial court erred by ruling that she is not “next-of-kin” under the Wrongful Death Act, 14 VS.A. § 1491,' and erred in its jury instruction regarding the decedent’s contributory negligence.”
Scheele v. Dustin, 2010 VT 45 (Vt. 2010). · cites it 2דToward this end, they request that this Court extend the common law to permit such damages to the degree that they are not otherwise recognized in our jurisprudence.”
Thayer v. Herdt, 586 A.2d 1122 (Vt. 1990). “14 V.S.A. §§ 1491, 1492. Plaintiff does not argue that the remedy is inadequate.”
Goodby v. Vetpharm, Inc., 2009 VT 52 (Vt. 2009). “See 14 V.S.A. §§ 1491, 1492(b) (enabling recovery by parent for the “loss of love and companionship” of a deceased child and “for destruction of the parent-child relationship”); Dubaniewicz v.”
State v. Oliver, 563 A.2d 1002 (Vt. 1989). “would make no sense to determine a child’s personhood, for purposes of being the victim of a crime, by reference to which side of the birth canal the child is on at the time of its victimization.”
Quesnel v. Town of Middlebury, 706 A.2d 436 (Vt. 1997). “14 V.S.A. § 1491. The procedure for such an action is set forth in 14 V.”
Fortunati v. Campagne, 681 F. Supp. 2d 528 (D. Vt. 2009). “Vt. Stat. Ann. tit. 14, § 1491 (2008). The decedent’s estate must still allege and prove a traditional claim for injury — in state tort law or otherwise' — in order to recover.”
Merrill v. Reville, 380 A.2d 96 (Vt. 1977). “The complaint sought to recover damages under the provisions of our wrongful death statute, 14 V.S.A. § 1491, and for bodily hurt caused by the act or default of another, a survival action authorized by 14 V.”
Johnson v. Hoisington, 367 A.2d 680 (Vt. 1976). “The right of the personal representative to maintain this action is based on the provisions of 14 V.S.A. §§ 1491 and 1492. The amount of recovery is to be distributed among the next of kin and spouse, if any, in proportion to the pecuniary injuries suffered on account of the…”
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