Friday, January 16, 2009

Whoops!

What the heck are you planning to do with all those dead bodies in the trunk of your car?

Well, I'm no attorney, but I'll do my best to educate you on the concept of wrongful death. The following is my summary of the info in the wiki, and also the podcast (Life of a Law Student).

When a wrongful death lawsuit is filed, the plaintiff is alleging that the victim died as a result of the defendant's actions. Negligence is a common issue in wrongful death cases, and therefore we must remember the reasonably prudent man standard. On a personal note, I have to admit I never get tired of saying "man standard". Miller Lite definitely should have gone with Man Standards instead of Man Laws.

Wrongful death is a purely civil action. It is not the same as murder, manslaughter, or any of the other criminal actions. However, there is often overlap. See O.J. Simpson for a great example. He was found innocent on murder charges, but in civil court he was found liable for wrongful death. Criminal courts require the defendant to be assumed innocent until proven guilty beyond a reasonable doubt. Civil courts require only a preponderance of evidence.

In terms of compensation, wrongful death is one of the most serious torts on the books. That's because there are so many injuries that can be attached. Wrongful death can result in loss of companionship, loss of provision, emotional pain, etc.

Eleason v. Western Casualty & Surety Co. (1948)

Facts

A man named Luer had epilepsy and obtained a driver's license in Wisconsin. People diagnosed with epilepsy were not legally allowed to drive in the state, but Luer had never been diagnosed. He admitted that he was aware he had "spells." Luer got a job as a truck driver, had a "spell", and killed a pedestrian. The executor of the victim's estate sued the employer's insurance company directly, which was completely acceptable under Wisconsin state law.

Question
1. Is Luer, and thus Western Casualty, liable for the man's death?

Holding
1. Yes

Reasoning
1. A person of reasonable prudence would have considered that his "spells" might make him an unsafe driver.

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