Flowers, Administratrix v. Marshall, Administrator

The opinion of the court was delivered by

Harman, C.:

This is an interlocutory appeal in a survival action brought on behalf of the estate of plaintiff’s deceased who died from injuries caused by the negligence of defendant’s deceased.

In a pretrial order the trial court ruled that future lost earnings could not be recovered as an element of damages, holding that damages for such item could only be recovered up to the time of death.

The trial court found that the ruling involved a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate…