Timmins v. Lindsey

How courts have described this case

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

• holding that settlement proceeds were part of the decedent’s estate, not distributable under the wrongful death statutes, because the defendant's negligence did not result in the decedent's death
• noting that whether to dismiss a cause of action for failure to state a claim for which relief can be granted is a question of law
• noting that courts have held that the victim must have died as a result of his or her injuries in order for the wrongful death statutes to apply
• noting that our wrongful death statutes include “statutory provisions that are unique”
• explaining that a “survival statute” permits the decedent’s cause of action to survive the death, so that the decedent, through his or her estate, recovers damages that would have been recovered by the decedent
• explaining that the survival statutes permit “the decedent’s cause of action to survive the death, so that the decedent, through his or her estate, recovers damages that would have been recovered by the decedent had he or she lived to the resolution of the case”

Source: CourtListener parenthetical corpus (CC0).