Gustafson v. Rajkovich

I feel constrained to dissent from the concept approved in the majority decision which adheres to the old common-law rule that a cause of action abates with the death of the tort-feasor in personal injury actions. I am not unaware of the adoption of the common-law rule by this court in actions of this kind in McClure v. Johnson, 50 Ariz. 76, 69 P.2d 573, 575. The court said in that case that the precise question of the survival of a cause of action after the death of the tort-feasor where death occurred before an action had been filed, had never been specifically determined in this state. It…