(Download) "Rohlfing v. Akiona" by Hawaii Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Rohlfing v. Akiona
- Author : Hawaii Supreme Court
- Release Date : January 20, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
It further is urged that since the wrongful death statute mentions damages for "reasonable expenses of last illness and burial" this militates against the right under the survival statute delineated in the courts opinion. The contention is that "these damages are a portion of the damages resulting from the injury" and under the reasoning of the courts opinion come under the survival statute, not the wrongful death statute. This is an argument which, if it has any validity at all, leads to the conclusion that damages resulting from an injury are not recoverable under the survival statute when the injury proves fatal. That could be true only if the survival statute was limited to cases in which death ensued from causes other than the wrongful act complained of. In the fourth paragraph of our opinion we held to the contrary, and that holding is not attacked by the petition. But even if petitioners argument were deemed to raise an ambiguity as to the survival of the cause of action for the tort that caused the death, this ambiguity would be resolved upon consideration of the legislative history reviewed in our opinion.