Durham v. Marberry
156 S.W.2d 242 (2004)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Amanda Lynn Durham was killed when D's transport vehicle collided with her car. P sued D for damages. It is undisputed that Miss Durham was killed instantly in the accident. The trial court granted partial summary judgment to D with regard to claimed 'loss of life' damages, finding that at least some period of life between injury and death is a condition for recovery of loss-of-life damages by a decedent's estate. The trial court then certified its order regarding the loss-of-life damages claim as final for purposes of appeal. Ps contend on appeal that no period of life between injury and death is required to recover loss-of-life damages.
Issues
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Holding & Decision
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Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
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