Durham v. Marberry

356 Ark. 481, 156 S.W.3d 242 (2004)

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Durham v. Marberry

Arkansas Supreme Court
356 Ark. 481, 156 S.W.3d 242 (2004)

  • Written by Tammy Boggs, JD

Facts

A transport vehicle owned by Harold Marberry (defendant) collided with a vehicle driven by Amanda Durham. Durham was instantly killed. The administrators of Durham’s estate (plaintiffs) sued Marberry under Arkansas’s wrongful-death and survival statutes. Arkansas’s survival statute allowed a decedent’s estate to recover for “loss of life” damages. Marberry moved for partial summary judgment on the administrators’ survival claim. The trial court granted the motion, finding that at least some period of life between injury and death was a condition for recovering loss-of-life damages. The administrators appealed, arguing that no period of life between injury and death was required for a decedent’s estate to recover loss-of-life damages. On appeal, Marberry argued that damages for loss of life as used in the statute were equivalent to damages for loss of enjoyment of life.

Rule of Law

Issue

Holding and Reasoning (Imber, J.)

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