Prunty v. Schwantes

This appeal presents two issues: (1) Should an award in a survival action include an amount for loss of enjoyment of life and loss of expected earnings; and (2) should the “pecuniary loss” rule of sec. 895.04, Stats., be modified?

Survival Action.

This case clearly presents the difference between a survival action and a wrongful death action. The survival action is brought by the representative of the deceased for personal injury damages suffered by the deceased prior to his death. The damages accrue to the estate of the deceased. The right to bring a survival action is based on sec. 895.01,…