Kuhnle v. Swedlund

Magnet, Justice.

These two appeals raise the following question:

“If an injured party dies as a result of injuries negligently inflicted and the person who negligently inflicts said injuries dies, does a cause of action under the death-by-wrongful-act statute in favor of the surviving spouse and next of kin survive against the estate of the negligent wrongdoer?”

In these cases, both of the claimed wronged parties and the claimed wrongdoer were fatally injured and died in the same traffic acci dent. The trial court was of the opinion that where both the wronged party and the wrongdoer were dead a…