Merrill v. Reville

On October 21, 1974, approximately three years after the death of his wife, the plaintiff individually and in the capacity as administrator of her estate brought a civil action alleging that her death was caused by the negligence of the defendant. The complaint sought to recover damages under the provisions of our wrongful death statute, 14 V.S.A. § 1491, and for bodily hurt caused by the act or default of another, a survival action authorized by 14 V.S.A. §§ 1452, 1453. The defendant denied the allegations of negligence and moved to dismiss on the ground that the action was barred by 14…