BENEFIELD v. AQUASLIDE `N' DIVE CORP.

No. 80-192.

406 So.2d 873 (1981)

Harvey J. BENEFIELD, as Administrator of the Estate of Jeffrey G. Benefield, Deceased v. AQUASLIDE 'N' DIVE CORPORATION.

Supreme Court of Alabama.

Rehearing Denied November 6, 1981.


Attorney(s) appearing for the Case

Joseph M. Brown, Jr., of Cunningham, Bounds, Byrd, Yance & Crowder, Mobile, for appellant.

Mack B. Binion and J. P. Courtney, III, of Lyons, Pipes & Cook, Mobile, for appellee.


BEATTY, Justice.

This case presents a question of first impression on whether simultaneous recovery of both punitive damages for wrongful death under a tort claim and compensatory damages for injuries suffered by the decedent between the date of his injury and the date of his death under a contract claim may be sought. We answer the question in the affirmative.

On May 31, 1978 Jeffrey G. Benefield, as the result of sliding down a swimming pool sliding board...

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