Thomas v. Cumberland Operating Co.

HODGES, Chief Justice.

The certified order which affects a substantial part of the merits of this controversy is the granting of a partial summary judgment. Interlocutory appeal will materially advance the ultimate determination of this action, and we grant certiorari. The question presented on appeal is the applicable wrongful death statute as it relates to damages for the death of a minor, in an action which arose prior to the effective date of 12 O.S.1975 Supp. § 1055. 1

An action for wrongful death was filed by Eugene Thomas, individually, and as administrator of the estate of John L.…