7 results for 'cat:"Family Law" AND cat:"Wrongful Death"'.
[Consolidated.] J. Molaison finds that the trial court properly denied an adopted daughter's wrongful death action on behalf of her biological father against the manufacturer of a powered wheelchair and homeowner after the wheelchair caught on fire in the home. In this case, the adopted daughter unequivocally testified she was adopted by another man when she was a minor, and therefore had no right to assert a survival and wrongful death action on her biological father as a result of his death. Further, under Rismiller, Louisiana Civil Code articles 2315.1, 2315.1 and 199 do not unconstitutionally deprive children given in adoption of a right of action, as "[a] rational basis exists for limiting the categories of eligible claimants in La. C.C. arts. 2315.1 and 2315.2 to those who ‘are likely to be most affected by the death of the deceased.’" Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 13, 2024, Case #: 23-CA-164, Categories: family Law, wrongful Death
[Consolidated.] J. Molaison finds that the trial court properly denied an adopted daughter's wrongful death action on behalf of her biological father against the manufacturer of a powered wheelchair and homeowner after the wheelchair caught on fire in the home. In this case, the adopted daughter unequivocally testified she was adopted by another man when she was a minor, and therefore had no right to assert a survival and wrongful death action on her biological father as a result of his death. Further, under Rismiller, Louisiana Civil Code articles 2315.1, 2315.1 and 199 do not unconstitutionally deprive children given in adoption of a right of action, as "[a] rational basis exists for limiting the categories of eligible claimants in La. C.C. arts. 2315.1 and 2315.2 to those who ‘are likely to be most affected by the death of the deceased.’" Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 13, 2024, Case #: 23-CA-586, Categories: family Law, wrongful Death
[Consolidated.] J. Molaison finds that the trial court properly denied an adopted daughter's wrongful death action on behalf of her biological father against the manufacturer of a powered wheelchair and homeowner after the wheelchair caught on fire in the home. In this case, the adopted daughter unequivocally testified she was adopted by another man when she was a minor, and therefore had no right to assert a survival and wrongful death action on her biological father as a result of his death. Further, under Rismiller, Louisiana Civil Code articles 2315.1, 2315.1 and 199 do not unconstitutionally deprive children given in adoption of a right of action, as "[a] rational basis exists for limiting the categories of eligible claimants in La. C.C. arts. 2315.1 and 2315.2 to those who ‘are likely to be most affected by the death of the deceased.’" Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 13, 2024, Case #: 23-CA-162, Categories: family Law, wrongful Death
[Consolidated.] J. Molaison finds that the trial court properly denied an adopted daughter's wrongful death action on behalf of her biological father against the manufacturer of a powered wheelchair and homeowner after the wheelchair caught on fire in the home. In this case, the adopted daughter unequivocally testified she was adopted by another man when she was a minor, and therefore had no right to assert a survival and wrongful death action on her biological father as a result of his death. Further, under Rismiller, Louisiana Civil Code articles 2315.1, 2315.1 and 199 do not unconstitutionally deprive children given in adoption of a right of action, as "[a] rational basis exists for limiting the categories of eligible claimants in La. C.C. arts. 2315.1 and 2315.2 to those who ‘are likely to be most affected by the death of the deceased.’" Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 13, 2024, Case #: 23-CA-163, Categories: family Law, wrongful Death
J. Wray finds the lower court erroneously determined the parents of the deceased priest are statutory beneficiaries under the New Mexico Wrongful Death Act. The language in the law creates no beneficiaries rights for parents of adult children; therefore, the case will be remanded to allow for reappointment of the estate's personal representative. Reversed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: March 11, 2024, Case #: A-1-CA-40187, Categories: family Law, Wills / Probate, wrongful Death
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J. Tailor finds that the lower court properly found Chicago police breach its duty to protect a woman from her live-in boyfriend, who came back and killed her after police responded to a domestic violence call. Though the evidence shows the boyfriend was suffering an acute mental health crisis, it also supports a finding he acted knowingly and his actions satisfy the definition of "abuse." The city cannot avoid liability under the Illinois Domestic Violence Act based on officers' perception that the man's actions were not criminal. The jury reasonably awarded the estate $3 million in damages. Affirmed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: January 5, 2024, Case #: 221232, Categories: family Law, Damages, wrongful Death
J. Jackson finds a lower court properly dismissed a family's declaration of death claims against a hospital. The family argued that their decedent, who was punched in the side of his head by another bar patron, which resulted in his death, was not considered as deceased when his brain stem died. However, the hospital presented sufficient evidence in court that the brain stem controls all essential bodily functions, even though a respirator has the function to artificially sustain life. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Jackson, Filed On: September 27, 2023, Case #: CA-2023-1805, Categories: family Law, Health Care, wrongful Death