Hull Ex Rel. Silver v. Silver

HALL, Justice:

(dissenting).

I respectfully dissent.

The majority opinion correctly observes that a wrongful death action is not a derivative suit and admittedly it is an independent cause of action whereby the heirs seek recovery for the loss of support and companionship of the decedent rather than for decedent’s actual injuries and any resultant pain and suffering.1 However, that is not the sole consideration or analysis necessary to meet the issue presented.

The original Utah wrongful death statute provided that an action could be maintained against one causing the wrongful death of another…