Laventhall v. Fireman's Insurance

How courts have described this case

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

• noting existence of survival statutes, yet holding issue posed by death of the ward was “properly resolved by consideration of the principles applicable to moot controversies”
• noting clear and convincing evidence standard is utilized where the interests at stake are deemed more significant than ordinary
• noting existence of survival statutes, yet holding issue posed by death of the ward was “properly resolved by consideration of the principles applicable to moot controversies”
• guardian can discontinue life support for patient in a chronic vegetative state to carry out patient’s prior expressed wish
• whether right to refuse medical treatment is guaranteed by the Constitution is a \disputed question\; court premised its holding on \common-law principles\
• proof that person now incompetent left instructions to terminate life sustaining procedures when there was no hope of recovery must be by clear and convincing evidence

Source: CourtListener parenthetical corpus (CC0).