Featured Chrome Extensions:

Casey IRACs are produced by an AI that analyzes the opinion’s content to construct its analysis. While we strive for accuracy, the output may not be flawless. For a complete and precise understanding, please refer to the linked opinions above.

Keywords

plaintiffdamagesnegligencestatuteappealtrialmotion
contractplaintiffjurisdictiondamagesstatutetrialmotioncommon law

Related Cases

Tarr v. Bob Ciasulli’s Mack Auto Mall, Inc., 194 N.J. 212, 943 A.2d 866
View Case »
Wilson v. State, 319 Md. 530, 573 A.2d 831
View Case »
Sanchez v. Galey, 112 Idaho 609, 733 P.2d 1234
View Case »
Ellsworth v. Massacar, 215 Mich. 511, 184 N.W. 408
View Case »
Boutte v. Motorcycle Tour Conversions, Inc., Not Reported in So. Rptr., 2017 WL 443479, 2016-686 (La.App. 3 Cir. 2/1/17)
View Case »
Justia Law Link
LexisNexis Link
Westlaw Link
CourtListener Link
Oyez Link

Warner v. McCaughan, 77 Wash.2d 178, 460 P.2d 272

Facts

Captola Warner died due to alleged negligence involving an improper diagnosis and care by a doctor and hospital, as well as unsafe drugs provided by pharmaceutical companies. Her parents brought the action individually and through her father as the estate's administrator, seeking damages for medical, hospital, funeral, and burial expenses, as well as general damages for the decedent and her estate. The trial court dismissed certain claims, leading to the appeal.

The complaint prays for damages: (1) for medical, hospital, funeral and burial expenses; (2) for damages to the decedent and her estate; (3) for damages to plaintiffs, decedent's parents.

Issue

Whether the plaintiff administrator is entitled to maintain an action for damages for the decedent's death, burial and funeral expenses, and necessary medical and hospital expenses under the survival statutes.

Whether the plaintiff administrator is entitled to maintain an action for damages for the decedent's death, burial and funeral expenses, and necessary medical and hospital expenses under the survival statutes.

Rule

Under RCW 4.20.046, all causes of action survive to the personal representatives of the deceased, except for damages for pain and suffering, anxiety, emotional distress, or humiliation suffered by the deceased.

Under RCW 4.20.046, all causes of action survive to the personal representatives of the former and against the personal representatives of the latter, whether such actions arise on contract or otherwise and whether or not such actions would have survived at the common law or prior to the date of enactment of this section: Provided, however, That no personal representative shall be entitled to recover damages for pain and suffering, anxiety, emotional distress, or humiliation personal to and suffered by a deceased.

Analysis

The court analyzed the claims under the survival statutes, determining that the claims for burial and funeral expenses, as well as necessary medical and hospital expenses, were valid and could be maintained by the administrator. The court distinguished between claims that survive under the survival statutes and those that do not, affirming that the claims for general damages to the estate were also valid, while dismissing claims for personal damages suffered by the decedent.

We have surveyed the historical background of these legislative and judicial routes in a number of recent decisions. It is manifest from the history of the 1961 Act, discussed in Harvey v. Cleman, 65 Wash.2d 853, 400 P.2d 87 (1965), that the legislature intended to correct the archaic state of the law of this jurisdiction.

Conclusion

The court affirmed the trial court's decision, allowing the administrator to maintain the action for certain damages while dismissing others. The case was remanded for further proceedings consistent with the opinion.

The judgment of the trial court is affirmed, except as modified in part I of this opinion.

Who won?

The plaintiffs prevailed in part, as the court allowed the administrator to maintain the action for damages related to the decedent's death and associated expenses, while dismissing claims for personal damages.

The court held that under statute governing survival of actions, plaintiff administrator was entitled to maintain action for damages for decedent's death, burial and funeral expenses and necessary medical and hospital expenses and also for general damages.

You must be