Opinion

Amadio v. Levin

  • 509 Pa. 199
  • 501 A.2d 1085
  • 1985 Pa. LEXIS 441
Court
Supreme Court of Pennsylvania
Filed
Dec 4, 1985
Status
Published
Author
Hutchinson
On the bench
Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala, Papadakos
Cited by
64 cases

wrongful death statute is "remedial in nature and purpose, and as such should be liberally construed to accomplish the objective of the act"

How later courts described this case

  • wrongful death statute is "remedial in nature and purpose, and as such should be liberally construed to accomplish the objective of the act"
  • Hutchinson, J., dissenting ( ... the majority incorrectly ventures into policy areas more properly left to the legisla-ture_
  • difficulties in proving damages in an action for wrongful death of a fetus cannot be greater or different in character from the difficulties in determining damages for the wrongful death of a child which survived delivery for a few minutes
  • declining “to decide the criminal liability, if any, attendant upon causing the death of a child en ventre sa mere”

Written by the judges who cited it.

The opinion

HUTCHINSON, Justice,

dissenting.

Contrary to Mr. Justice Zappala’s exegesis, I believe the Wrongful Death and Survival Acts were entirely creatures of statute, both in England and the United States. Considering our settled interpretation of them and the absence of *238 legislative response, I believe the majority incorrectly ventures into policy areas more properly left to the legislature, especially since tort damages for the pain and suffering of parents who have lost their child are compensable in their own tort action. See W.P. Keaton, Prosser and Keaton on The Law of Torts, § 125A (1984).

NIX, C.J., joins in this opinion.

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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