Mr. Murphy was injured in a fire on Martin Oil’s (defendant) premises. He survived for nine days thereafter, but then died from the injuries. Martin’s wife (plaintiff) brought suit under a wrongful death statute and a survival statute seeking damages for Murphy’s loss of wages during the nine-day period after the injury, destruction of Murphy’s clothes that he was wearing at the time of the injury, and Murphy’s pain and suffering for those nine days. The trial court dismissed the survival suit in its entirety. The appellate court allowed the survival suit in part.