Barragan v. Superior Court of Pima County

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• a wrongful death action “is for the wrong to the beneficiaries, confined to their loss because of the death”
• “A wrongful death claim and a survival claim are separate claims arising from the 15 same incident.”
• “The latter begins where the former ends and recovery on both is not a double recovery for a single wrong but rather separate recoveries for different wrongs”
• “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.”
• “A wrongful 14 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.”
• “In general, a survival statute provides for recovery of damages sustained by the deceased party from the time of accident until his death. Such damages include expenses incurred, necessitated by the injuries, in the nature of hospital and medical expenses.”

Source: CourtListener parenthetical corpus (CC0).