Legal Opinion
Cummings v. Locklear
Court of Appeals of North Carolina
Decided October 20, 1971No. 7116SC572PublishedCited by 5 opinions
1Opinion of the Court
BROCK, Judge.
If the wife had survived, she would have had a cause of action against her husband for damages for personal injury. G.S. 52-5. Therefore, under the provisions of G.S. 28-173 the administrator of her estate may maintain an action for wrongful death. The right to sue granted by this statute is not conditioned upon who may be the ultimate beneficiary or beneficiaries of a recovery. This proposition could hardly be more clearly stated than in Bank v. Hackney, 266 N.C. 17, 145 S.E. 2d 352, where it is said: “The fortuitous circumstance that those entitled to the recovery under the…
2Cases cited2 opinions
- Cox v. ShawSupreme Court of North Carolina · 1965
- First Union National Bank v. HackneySupreme Court of North Carolina · 1965
3Cited by5 opinions
- St. Paul Fire and Marine Insurance Company v. Herbert Phillip Lack v. Charles M. Ivey, Jr., Administrator of the Estate of Mary Carolyn Lack, St. Paul Fire and Marine Insurance Company v. Herbert Phillip Lack, and Charles M. Ivey, Jr., Administrator of the Estate of Mary Carolyn LackCourt of Appeals for the Fourth Circuit · 1973
- Carver v. CarverCourt of Appeals of North Carolina · 1982
- Hall v. United StatesDistrict Court, D. South Carolina · 1974
- St. Paul Fire & Marine Insurance v. LackCourt of Appeals for the Fourth Circuit · 1973
- Cummings v. LocklearSupreme Court of North Carolina · 1971