This section contains the nature of the case and procedural background.

Charryl Murphy (P), as administratrix of her late husband, Jack Raymond Murphy, and individually, and as next friend of Debbie Ann Murphy, Jack Kenneth Murphy and Carrie Lynn Murphy, their children, filed a complaint against Martin Oil Company and James Hocker (Ds). Ds owned and operated a gasoline station. Jack Murphy while having his truck filled with gasoline, was injured through Ds' negligence in a fire on Ds' premises. Nine days later he died from the injuries. P claimed damages for wrongful death and sought damages for conscious pain and suffering, loss of wages and property damage. The circuit court allowed Ds' motion to strike the second count of the complaint on the ground that it failed to state a cause of action. The appeals court affirmed in part and rejected P's action for pain and suffering of Jack. P and D appealed.

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