Cahoon v. Cummings

How courts have described this case

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

• finding that demand to settle \now\ was sufficient to meet sixty day requirement
• “Holding the defendant liable for the full value of the wrongful death claim is inconsistent with 8 the statutory requirement that the loss be caused by the defendant who only increased the risk of an already likely result.”
• \The survival statute precludes recovery on both a wrongful death claim and a survival claim.\
• “[W]e have held that prejudgment interest is recoverable from a health care provider on the amount of the judgment against that provider.”
• evidence existed to support both a theory of wrongful death and survival, thus the plaintiff was not required to elect a remedy prior to trial
• “If a defendant has the option to terminate the dispute at a known dollar cost, and chooses not to do so, that defendant and not the plaintiff should bear the cost of the time value of money in the intervening period if the ultimate result is within the parameters set by the legislature.”

Source: CourtListener parenthetical corpus (CC0).