Legal Opinion
Loden v. Getty Oil Company
Superior Court of Delaware
Decided June 9, 1975PublishedCited by 4 opinions
1Opinion of the Court
TAYLOR, Judge.
The issue is whether the plaintiff, who is the administratrix of the deceased injured party may assert a claim for the present value of lost earning power for the period subsequent to the date of death of the injured party. This suit was filed by the injured party during his lifetime and his administratrix was substituted after his subsequent death. For purpose of this opinion, the Court accepts, without deciding, plaintiff’s contention that the death was a proximate result of the injury.
Under the common law, a tort claim died with the person. Thus, the claim for damages — of…
2Cases cited18 opinions
- Pezzulli v. D'AmbrosiaSupreme Court of Pennsylvania · 1942
- Henne v. BalickSupreme Court of Delaware · 1958
- Reynolds v. WillisSupreme Court of Delaware · 1965
- Shellhorn & Hill, Inc. v. StateSupreme Court of Delaware · 1962
- McCafferty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1899
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3Cited by4 opinions
- Magee v. RoseSuperior Court of Delaware · 1979
- Johnson v. PHYSICIANS ANESTHESIA SERVICE, PADistrict Court, D. Delaware · 1985
- Loden v. Getty Oil CompanySupreme Court of Delaware · 1976
- Porter v. MurphySuperior Court of Delaware · 2001