(Download) "Crystal v. Hubbard" by Court of Appeals of Michigan # Book PDF Kindle ePub Free
eBook details
- Title: Crystal v. Hubbard
- Author : Court of Appeals of Michigan
- Release Date : January 05, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Jackie Lynn Hubbard, plaintiff's decedent, died when the automobile in which she was riding with her husband, defendant Steven C. Hubbard, collided with another vehicle operated by defendant Steven T. Komar. Larry Crystal, Mrs. Hubbard's father, was appointed administrator of her estate and brought a wrongful death action against defendants in the Genesee Circuit Court for, among other things, the personal losses sustained by Mrs. Hubbard's five surviving siblings, her mother and himself. Defendants objected to plaintiff's claims on behalf of the siblings and the trial court, Philip C. Elliott, J., allowed all claims to be submitted to the jury, which returned a verdict specifying nothing for the mother and an amount for decedent's father and for each of her five siblings, as well as for funeral expenses and pain and suffering. The court entered judgment on the aggregate amount. Defendants appeal. Held : The words ""next of kin"" as employed by the wrongful death statute mean ""nearest blood relation"" and restrict the ""class who, by law, would be entitled to inherit"". Thus, siblings of a deceased who was survived by her parents may not recover under the wrongful death statute. Apart from a surviving spouse, no person not next of kin to a decedent may participate in an action for wrongful death.
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