Bogen v. Green

CAYTON, Judge:

This appeal presents an interesting question as to the applicability of our “Survival Statute” to a claim for personal injury when the tort-feasor has died.

Lucille Green had sued for damages sustained in an automobile collision, claiming personal injuries, pain and suffering, medical expenses and other consequential damages. Her husband claimed loss of consortium. While the suit was pending, defendant Murray Bogen died and his widow and executrix, Carolyn Bogen was substituted as defendant.

At the outset of the trial, defendant conceded liability and the only question became the…