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DeHERRERA v. HERRERA

No. 4711.

565 P.2d 479 (1977)

Juan L. DeHERRERA, as Administrator of the Estate of Joe B. Griego, Deceased, Appellant (Plaintiff below), v. Patricia HERRERA, Appellee (Defendant below).

Supreme Court of Wyoming.

Rehearing Denied July 20, 1977.

Attorney(s) appearing for the Case

Juan L. DeHerrera, Cheyenne, signed the brief and appeared in oral argument on behalf of the appellant.

Glenn Parker, Hirst & Applegate, Cheyenne, signed the brief and appeared in oral argument on behalf of the appellee.

Before GUTHRIE, C.J., and McCLINTOCK, RAPER, THOMAS and ROSE, JJ.

RAPER, Justice.

In this appeal, we must decide whether a cause of action for personal injuries survives under § 1-28, W.S. 1957, where the injured party dies of an illness unconnected with the alleged negligence of a defendant. The district court granted summary judgment, holding that such a cause of action does not survive.1 We will reverse.

The plaintiff-appellant, as administrator...

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