McDaniel v. Bullard

On this appeal we are asked to decide whether a pending action under the Wrongful Death Act abates upon the beneficiary’s death from other causes, and if so, whether the abatement works a denial of the constitutional guaranty of a certain remedy for all injuries and wrongs.

The action was begun on behalf of Yvonne Ann McDaniel, the infant next of kin of her parents and her sister, who were all killed in an automobile collision. After the complaint was filed, and some nine and one-half months after the accident, Yvonne died from causes unrelated thereto. The defendants thereupon moved to…