White v. BK Trucking Company, Inc.

ORDER

DAUGHERTY, Chief Judge.

Upon consideration of the Motion For Summary Judgment filed in the above case by the Defendants, Plaintiff’s opposition thereto and the briefs filed by the parties to such Motion, the Court finds that said Motion should be sustained as to Plaintiff’s claim or cause of action for punitive damages by reason of wrongful death (funeral expenses). 1 The Motion should be denied, however, as to punitive damages under Plaintiff’s survival action (property damage). Leahy v. Morgan, 275 F.Supp. 424 (Iowa 1967); Atlas Properties, Inc. v. Didich, 226 So.2d 684 (Fla.1969).

Plaint…