Sullivan v. Delta Air Lines, Inc.

Opinion

MOSK, J.

Code of Civil Procedure section 377.34 prohibits recovery of damages for pain and suffering in an action brought or maintained on *292behalf of a deceased plaintiff, We address here the narrow question whether this statute applies when a judgment for such damages is rendered while the decedent is alive but the decedent dies during the pendency of an appeal from that judgment. The Court of Appeal held that the statute does apply in that situation, and reversed a judgment for the decedent with directions to dismiss the action. As will appear, we conclude that the statute does not…