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Remedies Keyed to Kovacic-Fleischer, 8th
Durham v. Marberry
Citation:
356 Ark. 481, 156 S.W.3d 242 (2004)Facts
David Ashley Durham and Ruthie Mae Durham, as co-administrators of the estate of Amanda Lynn Durham, filed a lawsuit against Harold D. Marberry and Advantage Mobile Homes, Inc., seeking damages for both wrongful death and survival claims. The lawsuit arose from a collision between a mobile home transport vehicle operated by Marberry and the vehicle driven by Miss Durham. It was undisputed that Miss Durham was killed instantly in the accident, meaning there was no period of time between her injury and her death. The trial court granted partial summary judgment to the defendants on the claim for loss-of-life damages, reasoning that at least some period of life between injury and death was necessary as a condition for recovery of such damages by the decedent’s estate. The parties subsequently entered into a contingent high-low settlement agreement, with the settlement amount dependent upon the Supreme Court’s decision on this appeal.
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