Stang v. Hertz Corporation

The majority and I agree:(1) By reason of the stipulation we must proceed on the basis of a total absence of either presumption or evidence of pecuniary injury to the statutory beneficiaries.(2) No issue has been presented as to the claimed right of plaintiff to recover funeral and burial expenses, so this question is not before us.(3) The right to recover damages for wrongful death is entirely statutory. Our Wrongful Death Act appears as §§ 22-20-1, 2 and 3, N.M.S.A.1953, as amended by Laws 1961, ch. 202, § 1 [§ 22-20-2, N.M. S.A.1953 (Supp.1969)].(4) The positions of the respective parties…