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LODEN v. GETTY OIL COMPANY

359 A.2d 161 (1976)

Shirley E. LODEN, Administratrix of the Estate of Carlton L. Loden, Deceased, et al., Plaintiffs, v. GETTY OIL COMPANY, a Corporation of the State of Delaware et al., Defendants.

Supreme Court of Delaware.

Decided June 2, 1976.

Attorney(s) appearing for the Case

F. Alton Tybout, Tybout & Redfearn, Wilmington, for plaintiffs.

Alfred M. Isaacs, Flanzer & Isaacs, Wilmington, for defendants.

Before HERRMANN, Chief Justice, DUFFY and McNEILLY, Justices.

HERRMANN, Chief Justice:

In this accident case, Carlton L. Loden sued to recover for injuries sustained while working on the premises of the defendant Getty Oil Company. Shortly thereafter, he committed suicide, and the complaint was amended to substitute his wife as plaintiff under 10 Del.C. § 3704(a).1

Defendant moved (1) to dismiss that part of the claim which sought the present value of decedent's lost earning power subsequent...

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