DeHerrera v. Herrera

RAPER, Justice.

In this appeal, we must decide whether a cause of action for personal injuries survives under § 1-28, W.S.1957, where the injured party dies of an illness unconnected with the alleged negligence of a defendant. The district court granted summary judg ment, holding that such a cause of action does not survive. 1 We will reverse.

The plaintiff-appellant, as administrator of the estate of decedent, filed a complaint against defendant-appellee, charging her with driver negligence, while operating a motor vehicle, causing personal injuries to the deceased, resulting in pain and…