Opinion

Moyer v. PHILLIPS, MD

  • 462 Pa. 395
  • 341 A.2d 441
  • 77 A.L.R. 3d 1339
  • 1975 Pa. LEXIS 895
Court
Supreme Court of Pennsylvania
Filed
Jul 7, 1975
Status
Published
Author
Manderino
On the bench
Jones, Eagen, O'Brien, Roberts, Nix, Manderino, Pomeroy
Cited by
75 cases
Authority
More cited than 7.5%

striking down portion of Pa.Stat.Ann. tit. 20, Sec. 3371 (predecessor of 42 Pa.Cons.Stat.Ann. Sec. 8302), providing that causes of action for libel and slander are exceptions to general rule that all causes of action, real or personal, survive the death of the plaintiff or the defendant

How later courts described this case

  • striking down portion of Pa.Stat.Ann. tit. 20, Sec. 3371 (predecessor of 42 Pa.Cons.Stat.Ann. Sec. 8302), providing that causes of action for libel and slander are exceptions to general rule that all causes of action, real or personal, survive the death of the plaintiff or the defendant
  • striking down portion of Pa.Stat.Ann. tit. 20, § 3371 (predecessor of 42 Pa.Cons.Stat. Ann. § 8302), providing that causes of action for libel and slander are exceptions to general rule that all causes of action, real or personal, survive the death of the plaintiff or the defendant
  • striking portion of statute that extinguished only claims for slander and libel on the death of either party
  • Court holds that exception in survival statute for causes of action for libel and slander is arbitrary, and therefore violates equal protection, citing fundamental interest in reputation

Written by the judges who cited it.

The opinion

MANDERINO, Justice

(concurring).

I concur in the opinion and decision of the Court.

I would like to add, however, that the Court should explicitly overrule Menefee v. Columbia Broadcasting System, Inc., 458 Pa. 46 , 329 A.2d 216 (1974) (see concurring opinion by Mr. Justice Manderino). In Menefee the plaintiff died. In this case, the defendant died. As the majority indicates, whether the plaintiff or the defendant dies following the act of libel or slander makes no difference, the cause of action continues.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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