Smith v. Memorial Medical Center, Inc.

How courts have described this case

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

• “[A]n individual’s claim for wrongful death and an estate’s claim for the decedent’s pain and suffering are distinct causes of action.”
• the survival of the action for pain and suffering is vested in the legal representative and is distinct from a wrongful death action
• voluntary dismissal effective where party objecting to it had filed no claim for affirmative relief against plaintiff
• the survival of the action for pain and suffering is vested in the legal representative and is distinct from a wrongful death action
• where decedent’s father had voluntarily dismissed his wrongful death action, trial court lacked jurisdiction to grant defendants’ motion for summary judgment
• “[A]n individual’s claim for wrongful death and an estate’s claim for the decedent’s pain and suffering are distinct causes of action. The plaintiff in his individual capacity and in his capacity as administrator are legally different persons.”

Source: CourtListener parenthetical corpus (CC0).