DURHAM V. MARBERRY
156 S.W.2d 242 (2004)
NATURE OF THE CASE: The Court granted partial summary judgment in favor of Marberry (D),
individual and mobile home company, in Durham's (P), estate administrators', suit for
damages incurred when a mobile home transport vehicle collided with the vehicle driven by
the decedent. P appealed.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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