Tolbert v. Maner

How courts have described this case

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

• because OCGA § 51-4-2 is in derogation of the common law, only those persons specified in the statute may maintain a wrongful death action
• “There is no common law right to file a claim for wrongful death; the claim is entirely a statutory creation.”
• Under OCGA § 51-4-2 (a), a wrongful death claim may be brought by only two categories of plaintiffs: the decedent's surviving spouse and, if there is no surviving spouse, the decedent's children.

Source: CourtListener parenthetical corpus (CC0).