Kwang Hoon Kim v. Song Yi

Opinion

ARMSTRONG, J.

This case arises from a wrongful death action, which involved several decedents, and raises a single question about apportionment of the proceeds of the settlement of such an action; whether the heirs of those decedents (plaintiffs in the wrongful death action) are entitled to have a jury apportion the settlement proceeds, or whether the matter may be decided by the court, sitting without a jury. We agree with the trial court that there is no right to a jury in such cases.

The facts may be briefly stated; In February of 2003, a car driven by Elliot Park collided with a car…