Georgia Pacific Corp. v. Benjamin

How courts have described this case

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

• explaining that wrongful death actions are separate and distinct from survival actions, so that “disposing of one does not automatically act as a bar to the other”
• explaining that wrongful death actions are separate and distinct from survival actions, so that “disposing of one does not automatically act as a bar to the other”
• applying “discovery rule” to cases involving workplace exposure to toxic substances, like asbestos
• “A wrongful death action is designed to compensate the family of a decedent who died due to the ‘wrongful act, neglect, or default on another person.’ ”
• “In an attempt to determine legislative intent, it is well settled that preambles to a statute may be considered.”
• “Historically, we have construed the limitation period prescribed in § 3-904(g) as a condition precedent to maintaining a cause of action, rather than as a statute of limitations.”

Source: CourtListener parenthetical corpus (CC0).