Publications

Section Newsletter Articles on Wrongful Death

Clear warning for attorneys in wrongful death cases By Mark Rouleau Civil Practice and Procedure, August 2014 The case of Estate of Powell v. John C. Wunsch, P.C. stands as a clear lesson for all plaintiffs’ counsel that they must seek to probate the portions of settlements that are allocated to minors and incompetents that exceed $5,000.
Plaintiff’s wrongful death claim on behalf of fetus allowed despite plaintiff’s agreement to terminate pregnancy By Scott D. Lane Tort Law, June 2009 Can a plaintiff pursue a wrongful death claim for the death of a fetus where the plaintiff agreed to terminate the pregnancy?
Evidence of negligence may not preclude summary judgment in an unavoidable accident By Kimberly L. Dahlen Civil Practice and Procedure, March 2009 The court found that the trial court’s granting of summary judgment for the defendants was proper.
Requisite consent: Just consent or something more? By Craig Giometti Bench and Bar, August 2008 The May 2008 decision in Mercado v. Mt. Sinai, et al., 889 N.E.2d 730 (1st Dist. 2008), was the first decision to define the term “requisite consent” as it is used in section 2.2 of the Wrongful Death Act.