Christenbury v. Hedrick

BRITT, Judge.

Did the trial court err in concluding that the complaint does not state a claim upon which relief can be granted and dismissing the action? We hold that it did not.

Decision in this case involves construction and application of our wrongful death statute since the amendments of 1969. The statute, now codified as G.S. 28A-18-2 provides in pertinent part:

“Death by wrongful act of another; recovery not assets.— (a) when the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled him to an action for…