Hall v. United States
District Court, D. South Carolina
1Opinion of the Court
ORDER
HEMPHILL, District Judge.
Plaintiff moves the court for an order striking paragraph number 11 from defendant’s answer 1 on the grounds that the allegations thereof fail to present a sufficient defense and is immaterial, impertinent, and incorrect as a matter of law.
This action is a diversity lawsuit in which plaintiff, as fiduciary of the estate of Edwards C. Hall, deceased, brings a wrongful death action against defendant, pursuant to the provisions of § 10-1951 2 , S.C.Code of Laws, 1962, Annot.
The sole beneficiaries under the statute 3 (there were no other children) are plaintiff and…
2Cases cited14 opinions
- Sandel v. StateSupreme Court of South Carolina · 1920
- Hazel v. Hoopeston-Danville Motor Bus Co.Illinois Supreme Court · 1923
- Cirsosky v. SmathersSupreme Court of South Carolina · 1924
- Mock Ex Rel. Estate of Mock v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1955
- Mitchell v. AkersCourt of Appeals of Texas · 1966
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3Cited by4 opinions
- Aetna Casualty & Surety Co. v. CurleySupreme Court of Rhode Island · 1991
- Jimenez Ex Rel. Estate of Jimenez v. DaimlerChrysler Corp.Court of Appeals for the Fourth Circuit · 2001
- Jimenez Ex Rel. Estate of Jimenez v. DaimlerChrysler Corp.Court of Appeals for the Fourth Circuit · 2001
- Jimenez v. Daimlerchrysler CorporationCourt of Appeals for the Fourth Circuit · 2001