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Magee v. Rose

Delaware Superior Court
405 A.2d 143 (1979)


Joann Magee and Marion Rose (defendant) had a common-law marriage. Joann had a daughter named Shauna from another relationship. Joann and Marion had a son together, Marion Magee. The family lived together in Angola, Delaware. While driving all together, Marion Rose crashed their car. Joann appeared lifeless from the moment of the accident, and was pronounced dead at a hospital 25 minutes after the crash. After the accident, Joann’s parents adopted Shauna. Marion Rose and his parents cared for Marion Magee. Joann’s estate (plaintiff) sued Marion Rose under Delaware’s wrongful death and survival statutes. The estate did not present any evidence regarding Joann’s suffering from the time of the car accident until her death. The survival statute allowed a plaintiff to seek damages for conscious pain and suffering from the time of injury until death. The wrongful-death statute allowed a plaintiff to seek damages for the pecuniary loss caused by the decedent’s death. Marion Rose moved for summary judgment.

Rule of Law


Holding and Reasoning (Tease, J.)

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