Durham Ex Rel. Estate of Wade v. U-Haul International

OPINION

KIRSCH, Judge

The Estate of Kathy Wade appeals the trial court’s partial summary judgment denying punitive damages in the estate’s wrongful death action against U-Haul International, Inc. and the other defendants. The defendants cross-appeal the portion of the judgment allowing Bill Wade’s loss of consortium action to go forward, including the punitive damages claim in that action. The appeal and cross-appeal present two issues:

I. Whether the estate is entitled to pursue a punitive damages claim in its wrongful death action; and

II. Whether the spouse of the decedent (Bill Wade) is…