Carringer v. Rodgers

Because the plain language of the wrongful death statute clearly precludes the plaintiff’s claim, I dissent.

At common law, there was no right to bring a claim for wrongful death.7 Since the legislature enacted the wrongful death statute in derogation of the common law, this Court must strictly construe it.8 When the statutory language is clear and unambiguous, we apply the plain meaning to the words of the statute to carry out the legislature’s intention.9 “ ‘The express language of the Act will be followed literally and no exceptions to the requirements of the Act will be read into the…