Wilson v. Whittaker

How courts have described this case

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

• ordering new trial where trial court improperly allowed recovery of punitive damages and admitted irrelevant evidence
• reciting the accepted principle that \in an action for wrongful death the personal representative of the deceased sues primarily as trustee for certain statutory beneficiaries and not for the general benefit of the decedent's estate\
• reciting the accepted principle that “in an action for wrongful death the personal representative of the deceased sues primarily as trustee for certain statutory beneficiaries and not for the general benefit of the decedent’s estate”
• since purpose of statute not to punish wrongdoers, punitive damages could not be assessed
• “damages may be awarded not only for the pecuniary loss sustained by the statutory beneficiaries (including the probáble earnings of the deceased for the duration of his life expectancy in view of his health, age, business capacity, and experience
• listing a decedent’s personal representative as a type of fiduciary

Source: CourtListener parenthetical corpus (CC0).