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Minkley v. MacFarland

Carol R. Minkley & others v. Bruce M. MacFarland

Minkley v. MacFarland, 356 N.E.2d 1391 (Mass. 1976)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
October 6, 1976
Citations
356 N.E.2d 1391371 Mass. 891

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

A judge of the Superior Court dismissed six of the eight counts of the plaintiffs’ complaint, leaving two counts on behalf of the decedent’s administratrix, one for conscious suffering of the decedent and the other for his wrongful death on August 16, 1973. There was no error. 1. We agree with the plaintiffs that a wife may have a claim for loss of consortium during the life of her husband. Diaz v. Eli Lilly & Co., 364 Mass. 153, 167-168 (1973). It may not be fatal to such a claim that the husband lives only a few hours after a tortious injury. Walden v. Coleman, 105 Ga. App. 242, 243 (1962). But we find no such claim stated in the counts in question. 2. We are urged to hold that the wife and each child have common law claims for compensatory damages for wrongful death in addition to the statutory claim for punitive damages asserted on their behalf by the administratrix. This is contrary to the clear statement in Gaudette v. Webb, 362 Mass. 60, 71 (1972), that our statutes were to be viewed as “requiring that damages recoverable for wrongful death be based upon the degree of the defendant’s culpability”; as “prescribing the range of the damages recoverable against each defendant”; and as “requiring that any action for wrongful death be brought by a personal representative on behalf of the designated categories of beneficiaries....” We reject the claims for additional common law recovery. 3. Nothing we say here as to actions for wrongful death is applicable to claims arising on or after January 1, 1974. G. L. c. 229, § 2, as appearing in St. 1973, c. 699, §§ 1, 2, and as amended by c. 957, §§ 1, 2.

Judgment affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

1980: 11982: 11985: 11986: 11994: 11995: 22000: 12021: 119802026peak 1995 · 2

Relies on it most ⓘ

  1. Deasy v. Somerville Hospital4 Mass. L. Rptr. 514 (1995)
  2. Heinrich ex rel. Heinrich v. Sweet118 F. Supp. 2d 73 (D. Mass. 2000)
  3. McEachern v. Sperling4 Mass. L. Rptr. 320 (1995)
  4. Ledger v. Tippitt164 Cal. App. 3d 625 (1985)
  5. Cimino v. Milford Keg, Inc.431 N.E.2d 920 (Mass. 1982)
  6. Hallett v. Town of Wrentham499 N.E.2d 1189 (Mass. 1986)

Most recent

  1. Gonzalez v. United StatesNo. 1:19-cv-11855 (D. Mass. Sept. 3, 2021)
  2. Heinrich ex rel. Heinrich v. Sweet118 F. Supp. 2d 73 (D. Mass. 2000)
  3. Deasy v. Somerville Hospital4 Mass. L. Rptr. 514 (1995)
  4. McEachern v. Sperling4 Mass. L. Rptr. 320 (1995)
  5. Schell v. Birnbaum3 Mass. L. Rptr. 91 (1994)
  6. Hallett v. Town of Wrentham499 N.E.2d 1189 (Mass. 1986)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Diaz v. Eli Lilly & Co., 302 N.E.2d 555 (Mass. 1973) 130
Gaudette v. Webb, 284 N.E.2d 222 (Mass. 1972) 123
Walden v. Coleman, 124 S.E.2d 313 (Ga. Ct. App. 1962) 22

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