statute

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statute

A law enacted by a state or by the federal government.

References in periodicals archive ?
37) In Missouri, "the survivorship statute and the wrongful death statute are mutually antagonistic.
Christy, which was decided by the Supreme Court of Missouri two years before it enacted its wrongful death statute, the state's supreme court acknowledged a father's right to damages for loss of services incurred due to his son's death.
15) Other jurisdictions that have adopted the loss of chance doctrine have found the doctrine incompatible with their state's wrongful death statute and have barred any recovery of loss of chance damages under a wrongful death suit (16) Two jurisdictions have refused to adopt the loss of chance doctrine in any form, because their courts determined the doctrine to be incompatible with their state's wrongful death statute.
That choice would have significantly reduced the need, if any, for a dedicated federal maritime wrongful death statute.
It is therefore noteworthy that the majority of state wrongful death statutes allow nondependent parents to recover loss of society damages.
312) Eschewing any mention or construction of Kentucky's wrongful death statute, the court likewise rejected the assertion that "public policy reasons" required recognition of the doctrine.
1997) (holding that a fetus was a "person" under the state wrongful death statute but not the state survival action statute).
The defendants argued that in all actions brought under the wrongful death statute, the limitations period will be governed by the provision applicable to the liability theory of the underlying wrongful act.
The other was a wrongful death statute that involved the question of Fourteenth Amendment personhood of the unborn child.
Such an obstacle, the opinion noted, was at odds with the purpose behind the wrongful death statute, which is "to provide compensation for the loss .
The court held that since the plaintiffs claims had their basis in medical malpractice, the court was compelled to look to the statute of limitations under the Medical Malpractice Act rather than the Child Wrongful Death Statute.
The court rejected the loss of chance doctrine on the ground that it was precluded by Delaware's wrongful death statute, finding that since the statute allowed actions only for the death of a relative and where the negligence "causes" the death of another, the statute did not allow for any judicial relaxation of the causation standard.