Burley Ex Rel. Hill v. Douglas

How courts have described this case

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

• holding that the plaintiff did not have standing as personal representative of an estate under a similar provision of Mississippi’s wrongful death statute because at the time he filed the action, no estate had been opened
• “Our holding today recognizes the statutory distinction between a party’s authority to bring a wrongful-death action and the party’s ability to recover damages from it.
• “Our holding today recognizes the statutory distinction between a party’s authority to bring a wrongful-death action and the party’s ability to recover damages from it.
• “a claimant cannot bring claims on behalf of an estate that does not yet exist.”
• “Burley’s ability, or lack thereof, to seek and/or recover certain damages ... does not determine the character of his standing as a particular type of wrongful-death claimant.”
• “Burley’s ability, or lack thereof, to seek and/or recover certain damages . . . does not determine the character of his standing as a particular type of wrongful-death claimant.”

Source: CourtListener parenthetical corpus (CC0).