Flynn v. Vancil

This appeal by defendant Patrick Vancil involves the wrongful death claim by plaintiff Ronald E. Flynn, as administrator of the estate of his two-week-old child. The issue presented is whether the presumption of substantial pecuniary loss to lineal kindred in wrongful-death cases is rebuttable so as to warrant a jury verdict finding liability but awarding no damages.

The wrongful death claim was asserted by plaintiff administrator as a separate count in the original complaint, which also included personal injury claims by said plaintiff and his wife individually, all arising out of an…